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HomeMy WebLinkAbout12-105 - Commercial Fence Corporation - Fire Station 51 Fencing and GateCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton FROM: Bob Giberson, Public Works Director BY: Roger Running, Facilities Superintendent DATE: November 27, 2012 SUBJECT: Fire Station #51 Gate /Fence Project No. 91130304, Contract No. 12 -105 Project Completion and Acceptance ISSUE Accept contract as complete and authorize release of the retainage. BACKGROUND On August 30, 2012, the City entered into Contract No. 12 -105 with Commercial Fence Corp. to install a gate and fence at Fire Station #51. Work began on October 2, 2012 and was completed on November 27, 2012. One (1) change order for this project was created which extended the construction timeframe only. Contract Award Amount (without sales tax) Sales Tax at 9.5% Total Amount Paid $32,503.00 3,087.79 35,590.79 FINANCIAL IMPACT Funds for the project were included in the 2012 303 Projects Program. RECOMMENDATION All work required under this contract has been completed. It is recommended that this contract be accepted as complete by signing below and forwarding the original to Finance and a copy to Public Works. The retainage release is subject to the standard claim and lien release procedures. Date W: \PW Long \WPADMIN \Facility Services \303 Projects \FS 51 FENCE\PA 91130304 Into Memo Completion Commercial Fence.docx Sheet 1 of 1 CITY OF TUKWILA 12- 105(a) o J 9 sz Council Approval N/A �f Gl CONTRACT CHANGE ORDER NO. 1 '`rsoa DATE: September 11, 2012 BUDGET NO.: 303.98.594.190.65.00 PROJECT NO.: 91130304 CONTRACT NO.: 12 -105 6 PROJECT NAME: Fire Station #51 Gate /Fence TO: Dale Duke, Commercial Fence Corp. 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: Completion changed to no later than November 30, 2012. 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. This change represents a fair, equitable and complete compensation. ACCEPTED: Date By Original Contract 35,590.79 Previous Change Order 0.00 This Change Order 0.00 REV. CONTRACT AMOUNT 35,590.79 Contractor �o cLA i FLd1 fs Title d e n5 AMY APPROVED BY THE CITY OF TUKWILA Date 9/ By tv t�a ✓�cf C'�c��e C, 7 y j4Bohkr r�wajer Additional Calendar Days due to this change: 70 S� Q 42-2. ORIGINAL: City Clerk (1 of 2) Contractor (2 of 2) cc: Finance Department (w /encumbrance) Construction Inspector Construction Engineer File t City of Tukwila Contract Number: 12 -105 Council Approval N/A 6200 Southcenter Boulevard, Tukwila WA 98188 CITY OF TUKWILA Short Form Contract Contractor/ Vendor Name: COMMERCIAL FENCE CORP. Project No. PA #91130304.3000.175 Address: 6000A WEST MARGINAL WAY SW Seattle, WA 98106 Budget Item: 303.98.594.190.65.00 Telephone: (206) 767 -7433 Project Name: FIRE STATION 451 GATE/FENCE Please initial all attachments, then sign and return copies one and two to: City of Tukwila, Facilities 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 14th day of August 2012, by and between the City of Tukwila, hereinafter referred to as "City and COMMERCIAL FENCE CORP., 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 SEPTEMBER 5, 2012 and be completed no later than SEPTEMBER 21, 2012. 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 A attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $35,590.78 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. Sf C 7 CA revised 2012 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. 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 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 RCW 39.12.040. 24. DISCRIMINATION PROHIBITED. The Contractor shall comply with all Equal Employment Opportunity regulations and shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor on the basis of race, color, religion, creed, sex, age, national origin, marital status or the presence of any sensory, mental or physical handicap. 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 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. CITY OF TUKWILA L Y: 40 Signature ev Printed Name: tJ IM Title: Date: A 4 a'�'f By: pn�afre Printed Name: a 1� 11JV I Title: Ree Date: ATTEST /AUTHENTICATED: l 4j Mr)q 5jq ctwc- City Clerk J i APPROVED AS TO FORM: Office of the City Attorney BY:( N��Moqj CA revised 2012 Page 6 Commercial Fence Corporation Phone: 206 -767 -7433 Fax 206- 767 -9051 Z 6000A West Marginal Way SW Seattle, WA 98106 City of Tukwila August 10, 2012 Dept. of Public Works Project No.: 91130304 Project Name: Fire Station 51 Fence and Gates REVISED QUOTE Attn: Roger Running, Henry Ancira Commercial Fence Corp. Proposes the following per preliminary specification: Provide all Material, labor, equipment and supervision to install 654 lineal feet of 6' high chain link including 2 ea. 4' opening man gates and 1 ea. 20' opening roll gate with 3 strands barb wire for a total of 7' hi. Frame work and fabric to be galvanized with plastic slats in fabric. Frame work to consist of 2 -7/8" full weight end, corner, and walk gateposts, 2 -3/8" full weight line posts and 4" full weight posts at drive gate. Top rail and end and corner brace will be 1 -5/8" full weight pipe and have 7ga. Bottom tension wire. Posts will be set in 30" concrete. Roll gate will have single V- groove track across driveway anchored to concrete "ribbon Drive gate to have gate operator system consisting of Elite SL3000 with battery backup operator, 1 Doorking 1506 -082 and 1 -1506 -081 keypads, 2- keypad pedestals, 2- reversing loops and 1- free exit loop, 1- 7 day timer to turn off free exit loop after hours, 1- receiver and 10 visor transmitters, and 1 set photo eyes across driveway. Price includes Permits, electrical work, 4" bollards (4), trenching, backfill, Public utilitv locates. and 1 training session of gate operator. TOTAL PROPOSAL AMOUNT: S 31.980.00 ALRERNATE #1: CHANGE V- GROOVE ROLL GATE TO PIPE CANTILEVER. ALT 1 PROPOSAL AMOUNT: S 30.168.00 ALTERNATE #2: CHANGE V- GROOVE GATE T ALUMINUM CANTILEVE ALT 2 PROPOSAL AMOUNT: S 32.503.00 i- selI PS id A `Zq ALTERNATE 3: DEDUCT FROM ABOVE TO CHANGE OPERATOR FROM ELITE TO HYSECURITY DC 15. ALT #3 PROPOSAL AMOUNT: <S114.00> Intent to oav prevailing wage will be suoolied with siened contract by Commercial Fence Coro. Performance Bond is included in or000sal amount. EXCLUSIONS: WASHINGTON STATE SALES TAX, SURVEYS, CLEARING AND GRUBBING, REMOVAL OF EXISTING FENCE, CUTTING OR FILLING OF FENCE LINE, REMOVAL OF HOLE TAILINGS FROM SITE. THANK YOU JIM DEAN "Building Success Through Committment"