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HomeMy WebLinkAbout12-121 - Artech - Tukwila Community Center Riverwalk RestorationContract Number: 12 -121 City Of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval N/A CITY OF TUKWILA Short Form Contract Contractor/ Vendor Name: Artech Project No. Address: 865 Lind Ave. SW Renton WA Budget Item: mo.03.T73•gaD.yS. Telephone: 206 728 -8822 Project Name: Riverwalk Restoration Please initial all attachments, then sign and return copies one and two to: City of Tukwila, Attn: Stephanie Gardner, Parks and 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 dU of September 2012 by and between the City of Tukwila, hereinafter referred to as "City and Artech hereinafter referred to as "Contractor." The City and the Contractor hereby agree as follows: 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 October 2, 2012 and be completed no later than November 30, 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 B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $7680, 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 Page 1 1-9 6y 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' 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. 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' Compensatio 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 Insured 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 By: rw i nature Printed Name: J��2 Title: II� Date: Lw- 1 ,b/ c- CON 4gnatu A rre TOR By: Printed Name: Title: wo U'o Date: ATTEST/AUTHENTICATED: 1 City Clerk APPROVED AS TO FORM: Office of the City Attorney CA revised 2012 Page 6 Exhibit A Proposal Submitted To Proposal Submitted By Proposal Date City of Tukwila Keri Schroeder 1 9/20/12 This proposal and estimate Proposal is submitted by Artech to Client for the proposed work described below The scope of Services may be modified by a work order /change order Order signed by the parties: Scope of work for cleaning, re- staining and sealing the concrete sidewalk "river walkway" at the Tukwila Community Center. (1) The surfaces will be pressure washed with an environmentally safe product called Green Clean. This is to assure the concrete surface is free of paints, solvents, oils, dirt etc. (2) All the outer plain concrete surfaces will be taped so these surfaces don't get stained. (3) After the surface has dried we will apply the base color. (4) When the base color is done then the highlight colors are applied to try and replicate the original artwork. (5) Fishes, leaves and information pads are then detailed with an airbrush to try and replicate the original colors and art. (6) The colors will be chosen and mixed to the closest possible match of the original colors. There are approximately 7 different colors used on this art work. (7) When the staining process is done and approved, the sealer will then be applied which is the final step. ESTIMATE TOTAL for the above SOW: $7,680 Assumptions and Requirements: This estimate is based on regular rates, not prevailing wage. This estimate assumes wort: will be done during normal business hours and over approximately 1 week's period. Estimate assumes the center will assist in blocking off entrance ways to keep traffic off the walkway during staining, sealing and drying times. This project is weather permitting and it is recommended to start and complete the project by the end of September 2012. Breaking the project up into multiple parts done at different times of the year is not recommended not only will it fade unevenly over time but the custom colors will be hard to match if' not done at the same time. It is advised that due to the amount of foot traffic and sun exposure, the walkway should be resealed each year; the approximate cost to clean and reseal each year i $1500. Labor and Materials Total 57,680 Customer Interest Insurance: 54.32/51,000 coverage L.] Please arrange for of insurance coverage and invoice me for the premiums due. Artech proposes to furnish the Services for the estimated sum of $7,680. This is only an estimate and Client understands that it will be billed for actual time worked plus costs. Artech will promptly notify Client if it determines that the actual billing is likely to exceed the estimate for the described Services by more than 10 Any modifications to the scope of Services described in this Proposal will be provided at an additional charge and will require a signed Work Order. Charges for Services are provided on a portal -to -portal basis, meaning from job start at Artech's offices and J i e a, tr j _ZE continuing until the return to the Artech offices. The estimated charges are exclusive of applicable taxes, insurance and other related costs and charges as described below, which will be included in the Client invoice. Client is solely responsible for obtaining insurance to cover any loss or damage to its Objects. Clients may acquire insurance through Artech's insurance agent as described in Section 6 on the reverse side of this Proposal. This Proposal is valid for up to 90 days from the date submitted. Acceptance of Proposal Client agrees to the terms Client Name: and conditions set forth in this proposal, including the Additional Terms and Conditions for Service set forth on page 2 of this Proposal. By: Its: Date of Acceptance: Additional Terms and Conditions for Service 1. Services. By signing the front page of this Proposal within the acceptance period. Client agrees to have Artech perform the Services as provided in this Proposal and Artech agrees to perform the Services in good workmanlike manner in accordance with the terms of this Proposal and current standard practices. Even if not signed by Client, this Proposal will be binding upon Client at the time that Client directs Artech to begin, and Artech does begin, performing the Services. If Client requests Artech to engage the services of others with respect to the Objects, Client agrees that Artech shall act as the agent of Client and shall not be liable for any loss or damage relating to such Services. 2, Ownership. Client represents and warrants to Artech that it is the legal owner or has lawful possession of the Objects and has the legal right and authority to enter into this Proposal. Client agrees to defend, hold harmless, and indemnify Artech from and against any allegation or claim based on, or any loss, damage, settlement, cost, expense, and any other liability resulting from a breach of this Section 2. 3. Payment "terms. Payments for invoiced charges are due within 10 days of the date of invoice. Late payments shall accrue interest at the lesser of 1.5% per month or the highest rate allowed under applicable law. 4. Default. Client shall be in default under this Proposal if Client fails to (a) pay past due amounts within three days of receipt of written notice, or (b) cure any other breach of this Proposal within 10 days of receipt of written notice. Upon any such breach, Artech shall have the right to terminate this Proposal and its obligations hereunder without further notice to Client. The rights and remedies set forth in this Proposal are not exclusive and are in addition to any other rights or remedies that exist in law or equity. 5. Limitation of Liability. Artech shall not be liable for loss or damage to Client's Objects except to the extent that such loss or damage is directly attributable to, and arises solely as a result of, Artech's negligence; provided that in no event shall Artech's liability exceed the fees paid or payable to Artech under this Proposal. IN NO EVENT WILL ARTECH BE LIABLE FOR LOST OPPORTUNITIES OR PROFITS, OR FOR CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND WHATSOEVF,R. 6. Insurance. ARTECI I DOES NOT INSURE CLIENT'S ARTICLES AGAINST LOSS OR DAMAGE, I IOWTI'VER CAUSED. CLIENT IS SOLELY Rt;SPONSIBLE FOR INSURING ANY LOSS OR DAMAGE TO ITS OBJECTS. Upon request, Artech will contact its insurance agent to assist Client in acquiring insurance. If Client desires to purchase insurance from Artech's insurance agent, Artech may include the cost of insurance in Artech's regular invoice to Client. Client may choose to obtain insurance fiom any other source or may choose to have their articles uninsured. Ifclient obtains insurance for the stored articles, Client agrees to name Artech as an additional insured. 7. Confidentiality. Objects or information pertaining to Client's Objects will not be released by Artech to any party other than the Client or those identified in writing by the Client as authorized to receive the Objects or information, or as otherwise required by law. Client agrees that it will protect and keep confidential the terms and conditions of this Proposal and any other information obtained from Artech in connection with this Proposal that is identified as confidential or proprietary or that, given the nature of such information or the manner of its disclosure, reasonably should be considered confidential or proprietary. 8. Con(I ition /Duty to Disclose /Inspect. Client shall disclose in writing to Artech any known damage and/or defects existing in the Objects prior to delivery to Artech for performance of the Services; provided that this list shall not be deemed a complete list of all existing damage and detects. Artech shall not be liable for any (a) damage to, or defects in, the Objects existing prior to deliver) of the Objects to Artech, (b) ordinary wear and tear, or (c) any perishable Objects. Upon completion of the Services. Client shall inspect the Objects for damage. Any claim of damage must be presented to Artech upon completion of the Services. 9. Attorneys Fees and Costs. In the event of liti arising out of this Proposal, or a claimed breach thereof; the substantially prevailing party shall be entitled to recover its reasonable attorneys' fees and related costs. L 1' D °rE Af 1 REH ,VA` HIN _ITCa Jar ,5 1 1 4 l c 1 b. Disputes. Disputes arising from this Proposal will be resolved in the state or federal courts located in King County, Washington, and Client consents to be subject to the jurisdiction of these courts. 11. Disclaimer. ARTECH DISCLAIMS AL,L WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 12. Force Majeure. Neither party will be liable for any loss or damage or be deemed to be in breach of this Proposal due to any event or circumstance beyond its reasonable control, including, war, invasion, civil unrest, electrical shortages, terrorist attacks, earthquakes, or other natural disasters. 13. Additional Provisions. This Proposal, together with any corresponding Work Order, constitutes the entire agreement between the parties with respect to the subject matter hereof. No changes to the provisions of this Proposal shall be valid or enforceable without the express written acceptance by Artech. The parties may use standard business forms or other communications, but use of such forms is for convenience only and does not alter the provisions ofthis Proposal. Any notices under this Proposal must be in writing and delivered in person or sent by first class mail, overnight delivery by a nationally recognized carrier or facsimile to the address for the recipient set forth in this Proposal. Either party may give the other party notice of such change in address in accordance with this Section 13. This Proposal may be executed by facsimile and in counterparts. A waiver of any default is not a waiver of any subsequent default. Uneni'orceable provisions will be modified to reflect the parties' intention, and remaining provisions of the Proposal will remain in full effect. A T