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HomeMy WebLinkAbout09-104 - EasyUp Storage Systems Engineered Products - New Records Center Shelving CITY OF TUKWILA Short Form Contract 09 -104 Council Approval 4/06/09 Contractor/ Vendor Name: Easyup Storage Systems, a4 Project No. 08 -BG06 Address: 9883 40 Avenue South ,74?,t Q z, Seattle, WA 98118 Budget Item: 303.00.594.190.62.65 Telephone: (206) 394 -3330 Project Name: Records Center Please initial all attachments, then sign and return copies one and two to: 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 15* day of i u" 2009, by and between the City of Tukwila, hereinafter called the City, and Easyup Storaize Svstems, hereinafter called the Contractor. -D'. ,5 ne��� tA The City and the Contractor hereby agree as follows: 1. SCOPE OF WORK Please see the enclosed 2 -page proposal dated Nl ....4 2009, and the revised shelving layout drawing dated May 2:7 2009, for Easyup Storage Systems' scope of work details. 2. TIME OF COMPLETION The work shall be commenced within- calendar days after the building hermit was annroved by City of Tukwila. The building hermit application shall be submitted in full by Easvup Storage Systems witOAi alendar days of this contract execution. The work shall be completed within 21 calendar days after the proiect work has begun. 3. CONTRACT SUM ob(btt� The City shall pay the Contractor for the performance of the work the sum of $39,992.80 plus applicable Washington State sales tax. 4. PAYMENTS The City shall make payments on account of the contract at completion of project. 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due within 30 calendar days after completion of the work, provided the contract is fully performed and accepted. 6. GENERAL CONDITIONS The City and the Contractor agree upon the following general conditions which shall govern: A. 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. -1- B. 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. C. Surveys, Permits and Regulations The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the prosecution 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. D. 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 his act or neglect. E. 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. F. Changes in the 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. G. 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. H. Owner's Right to Terminate Contract Should the Contractor neglect to prosecute 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 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. I. 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. J. Contractor's Liability Insurance Contractor will carry public liability and property damage insurance with carriers satisfactory to the City, in the following amounts: $50,000 property damage 500,000 public liability (each person) $1,000,000 public liability (each occurrence) with endorsements naming the City as an additional insured and will provide the City with certificates of insurance prior to start of construction and with 30 days notice prior to cancellation. K. Performance Bond The Contractor shall furnish to the City prior to start of construction a performance bond in an amount of 100% of the contract 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. L. 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. M. Separate Contracts The City has the right to let other contracts in connection with the work and the Contractor shall properly cooperate with any such other contracts. N. 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. O. Cleaning Up The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work he shall remove from the premises all rubbish, implements and surplus materials and leave the building broom clean. P. 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. Q. 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. R. 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. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CITY OF TUKWILA By: gnatur, v Printed Name: S l U`k. Title: AAA__ U nn Date: (n ATTEST /AUTHENTICATED: a V City Clerk BY: APPROVED AS TO FORM: Office of the City Attorney, Easyup Storage Systems 0. �o P;�o s c� ro-(»% e-o By: Signatur Printed Name: 04, Title: Date: iASVU.P STORAGE SYSTEMS 9883 40 Ave South Tel: (206) 394 -3330 Seattle, WA 98118 Fax: (206) 575 -6829 Contractor License: ENGINPC931 CO Federal ID# 22- 3949676 UBI 602 -684 -203 Employment Security: 357076 00 6 L8l 586,069 -04 Oregon Contractors License: 174426 Quotation: To: Mr. Peter Lau Date: June 8, 2009 City of Tukwilla 6300 Southcenter Blvd Tukwilta, WA 98188 RE: Archive shelving REVISION WITH PREVAILING WAGE BREAK -DOWN We propose to furnish the equipment and or services described below based on acceptance of our General Terms and Conditions contained on the bottom of this quote. Easy Up Storage Systems will provide the following services as shown below. 1. We will dismantle the existing Easy Up shelving for the City Clerks (City) archive boxes, and the existing Police Department (Police) file storage that are now in the former fire station, package for shipment, and transport same to your new location at 3411 South 120 Place. 2. We will re- assemble the existing City and Police material as well as the additional units shown on the attached drawing dated 6/2/09. For the Police section, we will replace the existing 7' posts with 8' posts with seismic footplates to comply with current seismic requirements and re- assemble the units with 7 Levels with the proper beams to support the loads. All installed units will be 8' tall, either 15 24 or 30" deep, either 39" (3's on the drawing) or 52"(4's on the drawing) long, with 7 adjustable particle board shelves, except the 24" deep transfer case files which shall have 6 levels, including the dust cover. All existing material will be re -used except for the 7' posts for which trade -in value has been calculated into the pricing. All units will be anchored to the floor, and either have overhead earthquake bracing or will be secured in some way, per engineering direction. 3. It is assumed that the existing shelving and access areas will be clear when the take -down is scheduled. New facility and access area are to be free and dear of obstructions as well. Pricing assumes that work will be performed by non -union personnel, at prevailing wage, during normal work days and hours. 4. Prior to the move and assembly, Easy Up will secure the necessary building permits for the construction of these shelving units. Our permit will attest to the structural integrity and installation of the system. Fire protection, ADA, special inspections, or any other issues that may arise as a result of this installation will the responsibility of the City of Tukwila. Proposed layouts and structural engineering are subject to review and correction by the City of Tukwila. Easy Up reserves the right to adjust pricing Storage and Material Handling Specialists CONFIDENTIAL. AND PROPRIETARY 1.Materials are quoted FOB EasyUp, Tukwila, excluding any applicable taxes, unless otherwise specified. 2. Quote is valid for 30 days. Easy tip Storage Systems is a division of Engineered Products, a Pape Company Page 2 June 8, 2009 at cost plus 10%, to resolve any unanticipated structural or layout revisions calved for by the City of Tukwila during permit review. Your pre -tax price for the goods and seNices described above: Original proposal Prevali ng wage City file area: Material $15,008 $15,008 Police Area: Material $13,434 $13,434 Wages 9,650 $13,194* Eng/permit 1,500" 1,500** Inspection (est) 400 400 $39,992 $43,536 Prevailing wages calculated based on General Laborer, Journeyman, in King County at $38.12/hr *'These costs are for perparation, submittal, and processing of the permit documents. Any actual costs actually charged by the City for this permit will be additional. Thank you for the opportunity to be of assistance on this project. Respectfully, Roger Stuessi /1 Roger H. Stuessi, Sales Manager Easy Up Storage Systems Accepted by: (206) 3943331 Direct (206) 368 -0437 Fax Direct Title: Date:_ (206) 915 -9455 Cell roger@easyupusa.com :111 3 3 boxes wide 4 4 boxes wide 1 4 r41 4 Lai 4 I 41 41 4 1 4 17741 mtr1===eXig; POLICE STORAGE 4 4 CITY OF TUKWILA 4 I 4 1 4 1 41 4 4 4 Wall units 15" deep Center units 30" deep 4 3 3 3 3 RECORDS CENTER DESKI 3 3 EXISTING REVISED 6/02/09 93'-0" 4'-0" minewhoolllE31111111311111111V111111161111 UNITS r 1=4:3::1 zz1 4 zl1 za ri 4'-0" 1 )nallotinaltmolool 84' -8" 39' -2" 57'-1" REVISED 6/2//09 8' PROPOSED 15" DEEP UNIT DESIGN PROPOSED 24" 30" DEEP UNIT DESIGN THIS DRAWING PROPERTY OF EASY UP STORAGE SYSTEMS SCALE: 1/16" 24" units have 6 levels