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HomeMy WebLinkAbout23-078 - Alpine Fence Company - Parks Facility Gates InstallationDocuSign Envelope ID: 90080F6D-D23C-4C25-873D-FC76651 ED6A8 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 CITY OF TUKWILA Short Form Contract Contractor/ Vendor Name: Alpine Fence Contract Number: 23-078 Council Approval N/A Address: 12265 8th Ave S Seattle Wa. 98168 Telephone: 253-268-9114 Project No. Budget Item: Project Name: Parks Capital Parks Facility Gates Please initial all attachments, then sign and return copies one and two to: City of Tukwila, Parks & Recreation 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 28th day of March 2023, by and between the City of Tukwila, hereinafter referred to as "City", and Alpine Fence, 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 April 17th 2023 and be completed no later than August 17th.2023 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 $38,000 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. 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. CA revised May 2020 Page 1 000uSignEnvelope ID: nooaoFno'000c-4con-87oo'Fc7oon1EooAa ` The intent of these documents is to include aU labor, materials, apphances and services of every kind necessary for the proper execution of vvork, 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 shafl be as binding as if caHed 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. � MATERIALS, APPLIANCES AND EMPLOYEES. • Except as otherwise noted, the Contractor shall provide and pay for all materials, |abnr, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanshp 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 vvnrk, adjacent property and the public and shall be responsible for any damage ori jury 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 alt times, 12. CHANGES IN WORK. The City may order changes in the vvnrk, 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 vvork, 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 proper|y, or fail to perform any provision of the contract, the City, after seven days' written notice to the uont[mctor, and his suety, 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 optinn, may terminate the contract and take possession of all mnateria|a, too|e, 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. 1 PAYMENTS. Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens fi|ed, damage by the Contractor to others not mdiunted. 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 Contrmctor, their a0enta, representatives, employees or subcontractors. Contractor's maintenance of inouronne, its scope of coverage and timits as required herein shall not be construed to limit the liability of the Contractor to CA revised May 2020 Page 2 000uSignEnvelope ID: nooaoFno'000c-4con-87oo'Fc7oon1EooAa the coverage provided by such inounance, or otherwise limit the City's recourse to any remedy available at Iaw 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 ovvned, non-ovvned, 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 $2,000,000 each occurrence, $2.000.000 general aggregate and $2.000.000 products -completed operations aggregate limit. Commercial General LiabUity insurance shall be as Ieast at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent oontra{to[s, products -completed operatiuns, stop gap iability, personal injury and advertising injury, and liability assumed under an insured contract. The ConnnnerciG! General Liability insurance shall be endorsed to provide a per prject general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from exp|osion, collapse or underground property damage. The City shall be named as an additional 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 at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Fu{/ Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contrentor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. 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 insuronce, aeU-inourance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not Iess than Ar V||. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endoroennenta, including but not necessarily limited to the additional insured endoroennent, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as Ieast as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. CA revised May 2020 Page 3 000uSignEnvelope ID: nooaoFno'000c-4con-87oo'Fc7oon1EooAa G. Notice of Cancellation. The Contractor shaTi provide the Cty and all Additiona! lnsuredsfor this work with written notice of any policy cenCoUetion, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of oordract, upon which the City may, after giving five business -days notice to the Contractor to correct the bnaach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection thenemjth, with any sums so expended to be repaid to the City on denland, 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 100Y6 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 Departrnent of Revenue and the Department of Labor and lndustries and settlement af any liens, whrchever is tater. 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 fi|ed, or a bond satisfactory to the City indemnifying the City against any hen. 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 egal action hereunder, the prevaUing party shal! be entitted to recover its reasonable attorney fees and costs. 21. CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the vvmrk, shall remove from the premises all rubbish, implements and surplus materiais and eave the premises clean. 22. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officero, offioia|o, employees and volunteers harmless from any and all c{aims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreennent, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement iasubject tuRCVV4.24.115,then, inthe event of liability for damages arising out of bodily injury to persono or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officero, nffic|a|o, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial |nsunanoe. Title 51 RCVV, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 23. PREVAILING WAGES. The Contractor shall pay all |aborera, 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 AQ,eennent, will not discriminate on the grounds of race, re|iginn, creed, color, national origin, age, veteran ntatuy, sex, sexual orientetion, gender idendty, marital otntus, 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 Agnegnnmnt, 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. CA revised May 2020 Page 4 000uSignEnvelope ID: nooaoFno'000c-4con-87oo'Fc7oon1EooAa 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 AgFeemeOt, which by their sense and context are reasonably intended to survive the c0mp|edon, expiration or canceflation of this Agreement, shall survive termination of this Agreemerit. 27. NOTICES. Notices to the City of Tukwila shau be sent to the foliowing address: City Clerk, City of Tukwila 52OOSouthoenterBlvd. Tukwila, Washington 98188 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 term of this Agmaement, 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 VVHERE[)F, the parties hereto executed this Agreement the day and year first above written. DATED this 28th day of April .2O 23. CA revised May 2020 Page 5 DocuSign Envelope ID: 90080F6D-D23C-4C25-873D-FC76651 ED6A8 ** City signatures to be obtained by City Clerk's Staff ONLY. ** CITY OF TUKWILA oe—DocuSigned by: attallt 111/V0 1E8g.F.F.D9432.24(12_____ 5/4/2023 1 10:18 AM PDT Allan Ekberg, Mayor ATTEST/AUTHENTICATED: oe—DocuSigned by: 02Ftatuxhi 88678483C13594E7. . Christy O'Flaherty, City Clerk APPROVED AS TO FORM: oe—DocuSigned by: 40drisL 5F 4Pqr.A4185F452. Office of the City Attorney CA revised May 2020 ** Contractor signature to be obtained by sponsor staff. ** CONTRACTOR: ws Nyy‘v, -t5%1N% By: Printed Name: LI:s Title: \)V' uit Address: iV,Isc GIA Page 6 DocuSign Envelope ID: 90080F6D-D23C-4C25-873D-FC76651 ED6A8 BONDED AND INSURED CONTRACTOR LIC. #ALPINFCO21CB www.alpinefenceco.com email: fences@alpinefenceco.com "Building ett ° Fences" Asp. PROPOSAL 12265 8th AVENUE SOUTH SEATTLE, WASHINGTON 98168 Phone: (206) 248-1310 Fax: (206) 248-2995 oe rvoc A o ,S Ar—tts HOME: BUSINESS: FAX: CELL: 7-3'-c, C27 P.O. #: EMAIL: e TU. k ALPINE FENCE CO. agrees to Install on your property the fencing materials as indicated below (subject to terms and conditions as outlined on the reverse side hereof): JOB LOCATION: •D 4-A4y-1 sIi514. rd (es) TICKET #. Specifications Chain Link 11 ga. D 9 ga. Slatted 0 Barb Wire Ten. Wire Top Rail Line Posts Term Posts ?_1/C' Gate Posts Ornamental Iron Fence Height L4 Gates 60trr.‘"- asicr 4-$ Set in Cement Approx. Post Spacing Cedar Fence Style Faces Space To Grade 0 Stepped El Level P Airline 0 Post Caps El Posts Rails Boards Old Fence: Remove 0 Leave 0 Haul Away 0 SPECIALS: CA.A..sr„....a.r-T &C,.. r -- OD 1-••••" /7-4-4 r ALPINE FENCE COMPANY: -r1-4 5 c /"..% 024 7 /2.. Representative Date SELLING PRICE: STATE SALES TAX: TOTAL: PURC CIRCLE: LEVEL HILLY EARTH ASPH CONC TTG LEVEL T CONTOUR STEP PLATES SKILL B/W T/W BRACE IN OUT JACKHAMMER WELDER GENERATOR ROTO HAMMER CORE DRILL TORCH LADDER CHAIN SAW A CZ.G4›.°6 rs . g, 1iG 10011111111111ir sides before signing. Continued on back DocuSign Envelope ID: 90080F6D-D23C-4C25-873D-FC76651 ED6A8 BONDED AND INSURED CONTRACTOR LIC. #ALPINFCO21CB www.alpinefenceco.com email: fencesgalpinefenceco.com "Building Better Fences ..9 12265 8th AVENUE SOUTH • SEATTLE, WASHINGTON 98168 • Phone: (206) 248-1310 • Fax: (206) 248-2995 riA. A e-10 Sk.nnts HOME: BUSINESS: FAX: CELL: Za -1 a.c, -C2 5-ck P.O. #: EMAIL: ALPINE FENCE CO. agrees to Install on your property the fencing materials as indicated below (subject to terms and conditions as outlined on the reverse side hereof): Specifications Chain Link 11 ga. 0 9 ga. 0 Slatted Barb Wire Ten, Wire Top Rail Line Posts Term Posts Gate Posts Ornamental Iron Fence Height Gates Set in Cement Approx, Post Spacing Cedar Fence Style Faces Space __ To Grade 0 Stepped 0 Level 0 Airline 0 Post Caps 0 Posts Rails Boards JOB LOCATION: srcr TICKET #: 13'kt' 5 3 ro A 'e- 36 3L( Old Fence: Remove 0 Leave 0 Haul Away 0 SPECIALS: C.I‘i ry T e' Ak.-* _ 00 g-t-dt...u. • 're ALPINE FENCE COMPANY: 114-'"-$ YtsJ c14-ic 02-1 1 7 12 - Representative Date SELUNG PRICE: STATE SALES TAX: TOTAL &'.A€1.0.6d g 17_,640,oci CIRCLE: LEVEL HILLY EARTH ASPH CONC TTG LEVEL T CONTOUR STEP PLATES SKILL B/W T/W BRACE IN OUT JACKHAMMER WELDER GENERATOR ROTO HAMMER CORE DRILL TORCH LADDER CHAIN SAW I 6.64 r3 etic . 6 4 PORCH By: PIeasee d des before signing. Continued on back DocuSign Envelope ID: 90080F6D-D23C-4C25-873D-FC76651 ED6A8 BONDED AND INSURED CONTRACTOR LIC. #ALPINFCO21CB www.alpinefenceco.com email: fencesgalpinefenceco.com ,111111111111111;:‘,„0„„dlit "Building Better Fences" 12265 8th AVENUE SOUTH SEATTLE, WASHINGTON 98168 Phone: (206) 248-1310 Fax: (206) 248-2995 riAlc.",-fA Liu SApncs HOME: BUSINESS: FAX: CELL: "Lo -3 4Lc, —0 5-ck P.O. #: EMAIL: ALPINE FENCE CO. agrees to install on your property the fencing materials as indicated below (subject to terms and conditions as outlined on the reverse side hereof): JOB LOCATION: F t j TICKET #: Specifications Chain Link ga. 0 Bga.D Slatted 0 Barb Wire Teri. Wire Top Rail Line Posts Term Posts ten Gate Posts Ornamental Iron Fence Height 1-4 Gates (51.41-:4-(- 4s1C-S Set in Cement 71, G, Approx. Post Spacing Cedar Fence Style Faces Space To Grade 0 Stepped 0 Level 0 Airline 0 Post Caps 0 Posts Rails 0 LIS Boards Old Fence: Remove 0 Leave 0 Haul Away 0 SPECIALS: A.v ftec_ I1 OD 1-,e, • a ALPINE FENCE COMPANY: ri-14.•,ig. s C— ideis Representative 07-1 17 ia t 3 5-cio ik.,TcriA,03/..", A Ve_ . (-4.-i is 1d -A otrI48. SELLING PRICE: STATE SALES TAX: TOTAL: CIRCLE: LEVEL HILLY EARTH ASPH CONC TTG LEVEL T CONTOUR STEP PLATES SKILL B/W T/W BRACE IN OUT JACKHAMMER WELDER GENERATOR ROTO HAMMER CORE DRILL TORCH LADDER CHAIN SAW ,& 2, Gt. . cit't ry:Ifjk ,0 PURCHA By: Date Please sides before signing. Continued on back DocuSign Envelope ID: 90080F6D-D23C-4C25-873D-FC76651 ED6A8 BONDED AND INSURED CONTRACTOR LIC. #ALPINFCO21CB www.alpinefenceco.com email: fences@alpinefenceco.com PROPOSAL "Building Better F nces 12265 8th AVENUE SOUTH • SEATTLE, WASHINGTON 98168 • Phone: (206) 248-1310 • Fax: (206) 248-2995 ,r e- riAlc e-/ S A s HOME: BUSINESS: FAX: CELL: TO - oLc, -0 1 P.O. #: EMAIL: ALPINE FENCE CO. agrees to Install on your property the fencing materials as indicated below (subject to terms and conditions as outlined on the reverse side hereof): Specifications Chain Link 11 ga. 0 9 ga. D Slatted 0 Barb Wire Ten. Wire Top Rail Line Posts Term Posts 2...5 it " Gate Posts Ornamental Iron Fence Height Le Gates 6ker:e-e- Set in Cement 1, Approx, Post Spacing Cedar Fence Style Faces Space To Grade 0 Stepped 0 Level 0 Airline 0 Post Caps 0 Posts Rails Boards JOB LOCATION: Lao", I 2-S- 3 5— yo e 1 s TICKET #: Old Fence: Remove 0 Leave 0 Haul Away 0 SPECIALS: 7- r1-10, 1 I .7.„. 00 r4,1 ALPINE FENCE COMPANY: T -141"-R4- G Mr.'s I") roye..g_ 0 Z-/ I 7 I a- By: Representative Date 12Ieas SELLING PRICE: STATE SALES TAX: TOTAL Lr't 30 .a 8,7 -Lo Tst.z.4 CIRCLE: LEVEL HILLY EARTH ASPH CONC TTG LEVEL T CONTOUR STEP PLATES SKILL B/W T/W BRACE IN OUT JACKHAMMER WELDER GENERATOR ROTO HAMMER CORE DRILL TORCH LADDER CHAIN SAW ad both both sides before signing. Continued on back DocuSign Envelope ID: 90080F6D-D23C-4C25-873D-FC76651 ED6A8 TERMS AND CONDITIONS OF AGREEMENT I have the authority to order the work described on the front of this contract and do so order as outlined. It is agreed that the seller will retain title to any equipment or material furnished until final and complete payment is made, and if settlement is not made as agreed, the seller shall have the right to remove same and the seller will be held harmless from damages resulting from the removal thereof All work will be performed in accordance with standard practices. I agree to pay SELLER (Alpine Fence Co.) BALANCE (total amount due) of this contract according to the terms specified on the face of the document, and upon default thereof to pay all costs of collection, including a reasonable attorney's fee and court costs and waive all rights of exemption under the constitution and laws of this and any other state. The undersigned customer hereby assumes full responsibility for location of the line upon which said material is to be installed and agrees to hold the company and the contractor harmless from all claims arising from question of survey of said property or location of said lines, and from all claims for personal injury, property damage or trespass from or by means of the installation of said fence material. All accounts over 30 days charged 1.5% interest per month with an annual rate of 18%.