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HomeMy WebLinkAboutCAG1990-0074 - Original - Unocorp - Installation of Traffic Loops - Various Locations - 09/12/1990 CONTRACT THIS AGREEMENT, made and entered into in triplicate, this 12 day of September , 19 90 by and between the CITY OF KENT, hereinafter called the City, and UNOCORP hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: 1 . The Contractor shall do all work and furnish all tools, materials, and equipment for Installation of traffic loops in various locations �- in Kent. in accordance with and as described in the attached specifications and shall perform any alterations in or additions to the work provided under this contract and every part thereof. Work shall start within ten (10) days after Notice to Proceed and be completed in 30 working days. The City shall suffer damages if said work is not completed within the time specified. Therefore, the Contractor agrees to pay to the City liquidated damages in accordance with the schedule published in Section 1-08.9 of the Standard Specifications. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing 625E-41E (7/7/89) CONTRACT PAGE TWO constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the CITY OF KENT. 2. The CITY OF KENT hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. 3. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. L_- 4. It is further provided that no liability shall attach to the CITY OF KENT by reason of entering into this contract, except as expressly provided herein. 5. Contractor agrees to defend, indemnify and hold the CITY OF KENT, its elected officials, officers and employees (hereinafter "Owner") harmless from any and all claims, demands, losses, and liabilities to or by any and all persons or entities (including without limitation, their respective agents, licensees, or representatives) arising from, resulting from, or connected with work performed or to be performed under this contract by Contractor or contractor's agents or employees to the fullest extent permitted by law and subject to the limitations provided below. Contractor's duty to defend and indemnify Owner shall not apply to liability for damages arising out of bodily injury to persons or damage to property determined by a trier of fact that it was caused by or resulted from the sole negligence of Owner or owner's agents or employees. i 625E-41E (5/11/89) CONTRACT PAGE THREE Contractor's duty to indemnify Owner for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of (a) Owner or owner's agents or employees, and (b) Contractor or contractor's agents or employees, shall apply only to the extent of the negligence of Contractor or contractor's agents or employees. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. Further, the indemnification obligation under this contract shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under worker's compensation acts, disability benefits acts, or other employee benefit acts. This promise of indemnity specifically applies in the case of injuries to contractor's own employees. t Contractor's duty to defend, indemnify, and hold Owner harmless shall include, as to all claims, demands, losses, and liability to which it implies, Owner's personnel related costs, reasonable attorneys' fees, court costs, and all other claim related expenses, including attorneys' fees and other costs incurred by Owner to enforce and establish its rights. 6. Contractor agrees to make all books and records available to the City of Kent for inspection, review, photocopying and audit in the event of a contract related dispute, claim, modification or other contract related action at reasonable times and at places designated by the City of Kent. 7. In providing public liability and property damage insurance, the Contractor shall provide that the City be named as a co-insured. Such policy shall provide coverage to the City on an occurrence basis for the duration of work. The City will not accept any certificate of insurance or accord form certificate as a substitute for an actual policy of coverage. Any exclusions, exemptions, exceptions, or other policy coverage limitations of said policy, including any identifying particular City activities or 625E-41E (5/11/89) CONTRACT PAGE FOUR actions, must first be reviewed by and written acceptance provided by the City before commencement of work. A failure to provide insurance coverage and written acceptance of the tendered policy shall be deemed to constitute non-acceptance of the contract by the Contractor. The City reserves the right to then award the contract to the next lowest bidder. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19. 122, including utilization of the "one call " locator system before commencing any excavation activities. 9. Contractor shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel , asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Kent. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first hereinabove written. The City of Kent OWN R DAN KELLEHER MAYOR ATTEST: MARIE JENSEN CITY CLERK 625E-41E (5/11/89) CONTRACT PAGE FIVE Approved as to Form: C TY ATTORNE 12460E P CONTRACTOR BY: TITLE WITNESS, if INDIVIDUAL or PARTNERSHIP: 625E-41E (5/11/89) CONTRACT PAGE SIX STATE OF WASHINGTON ) ss COUNTY OF KING ) On this day of _ y r before me personally appeared ni,2i-Je4 F. ,Yz< and to me known to besihf' and of the corporation/individual that executed the within and foregoing instrument, and acknowledged said instrument to be free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand the day and year first above written. bj.�JLIA Notary bli in and #r the State of Wash' gton, residing at F12jja2djj& 625E-41E (5/11/89) I C�/ CITY OF iOctober 4 , 1990 UNOCORP 12020 SE 32nd Street Bellevue, Washington 98005 RE: Installation of Traffic Loop Detectors at various locations in the City of Kent ATTN: Harry Hayes, Estimator Dear Harry: Enclosed please find one original contract for the above referenced project. A preconstruction meeting has been scheduled for Tuesday, October 23 , 1990 at 9 : 00 am in the City of Kent Engineering Conference Room, 302 West Gowe, Kent, WA. The notice to proceed will be discussed in the preconstruction meeting. If you have any questions, please call me at 859-3383 . Very truly yours, Don E. Wickstrom, P.E. Director of Public Works John Bond �- Traffic Specialist Enclosure JB/T-296 220 4th AVE.SO.,/ KENT,WASH INGTON 98032-5895/TELEPHONE (206)859-3300 , CITY OF KENT AUG 2 9 1"0 U N O C O R P ENGINEERING DEFT. U D L/NOLET ELECTRIC City of Kent Public Works Department 220 4th Ave. South Kent Washington, 980323-5895 Attention : Mr. John Bond Reference: Installation of Traffic Loop Detectors Bid Date August 31 , 1990 . Gentlemen, Enclosed please accept our price for the six intersections described in your request. They are as listed: -1 . Central Ave. North of Willis Street-------------$2 , 311 . 00 2 . 100th Ave. SE and SE 240th Street---------------$3, 755 . 00 3 . 4th Ave. and Willis Street--------------------- $1 ,354 . 00 4 . Military Road and Reith Road--------------------$2 , 705 . 00 5 . 101st. Ave. Se and SE 256th Street---------------$2 , 980 . 00 6 . West Valley Hwy. and Meeker Street---------- --$2 . 043 . 00 TOTAL BID PRICE--------$15 , 00 If you should have questions, please contact Harry Hayes at 747-6650 . Bid was changed to $15,000 per agreement Sincerely Agreed: S,UNOCORP / UNOCORP AT Har Has Est mator 12020 SE 32nd Street Bellevue WA 98005 Tel 206.747.6650 Fax 206.628.0939 V 6. West Valley Hwy and Meeker St. Install two 6 x 6 loops southbound in the southbound lanes of West Valley Hwy. Sawcut the loop runs back to the junction boxes in the SE corner of WVH and Meeker St. splice 2/c(sh) than run to the controller. The existing loops are also cut in the street -- DO NOT CUT THE EXISTING LOOPS -- Use existing conduit and junction boxes whenever possible. Sawcutting will be done along the curb line whenever possible. Attached are drawings of each intersection. All prices shall be lump sum for each intersection. 1, Central Ave and Willis St. T9 4_ 90 L.S . two loops , approximately 300 ' sawcut 2 . 100th Ave SE and SE 240th St. $ 3.755.00 L.S . two 6 x 6 and ,t 6 x 30 loops 400 ' sawcut 3 . 4th Ave and Willis St. 1 354 OQ__._L•S one 6 x 6 and one 6 x 30 loop 2/c (sh) 100 ' sawcut 4 . Military Rd and Reith Rd. $ 2 705 nn L.S two 6 x 6 loops 270 ' of sawcut approximately 100 ' 2/c (sh) 5 . 101st Ave SE and SE 256 St 2 980.00 L.S . two 6 x 6 and two 6 x 30 loops approximately 225 ' sawcut 100 ' 2/c (sh) 6 . West Valley Hwy and Meeker St 1g g5 pe two 6 x 6 loops 185 ' sawcut 100 ' 2/c (sh) Total Bid �� ' 1. Central Ave north of Willis St. Install two 6 x 6 loops southbound north of Willis St, sawcut across the north bound lanes of traffic than cut southbound to where the controller is. The loops are approximately 300 ' north of Willis St. Run each loop separately back to the controller. 2 . 100th Ave SE and SE 240th St. Install two, 6 x 6 and two, 6 x 30 quadrupole loops. 11 loop runs will be sawcut in the street. The 6 x 30 loops will be installed at the stop bar and the 6 x 6 loops will be installed 185 ' from the stop bar in the EB lanes . From the controller sawcut 285 ' to the east and install cable along the curb line. Run each loop separately back to the controller. 3 . 4th Ave S and Willis St. Install one 6 x 30 loop in the northbound right lane at the stop bar south of Willis St. and one 6 x 6 loop 16 , back from the stop bar in the westbound left turn lane. Sawcut the loop runs back to the junction box in the se corner of the intersection than splice 2/c (sh) cable to the controller. 4 . Military Rd. and Reith Rd. Install one 6 x 6 loops in each direction for east and west bound. Sawcut the loop runs back to the nearest junction boxes than splice to 2/c(sh) cable than run to the controller. The loops will be 185 ' from the stop bars . 5 . 101st Ave SE and SE. 256th St. Install two 6 x 6 and two 6 x 30 quadrupole loops. All loop runs will be sawcut in the street. The 6 x 30 loops will be installed at the stop bar and the 6 x 6 loops will be installed 185 ' from the stop bar in the EB lanes . Run each loop separately back to the controller. PROPOSAL SIGNATURE PAGE The undersigned bidder hereby proposes and agrees to start construction work on the Contract, if awarded to him, on or before ten (10) calendar days of the Notice to Proceed, and agrees to complete the Contract within thirty (30) working days after issuance of the City's Notice to Proceed. No bidder may withdraw his bid for a period of thirty (30) days after the day of bid opening. The required bid security consisting of a certified check, bid bond, or cashier's check in an amount of not less than 5% of the total amount is hereto attached. Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. Receipt of Addendum No. 's , , to the plans and/or specifications is hereby acknowledged. UNOCORP NAME OF BIDDER DATE: Sc��rm�xr 19��9ci0 BY: P,.e.11eyuc, � g� (ADDRESS) 625E-41E (5/11/89) CONTRACTOR'S COMPLIANCE STATEMENT l` (President's Executive Order #11246) Date September 12, 1990 This statement relates to a proposed contract with the City of Kent named Installation of Traffic Loops at various locations in Kent I am the undersigned bidder or prospective contractor. I represent that -- 1. I _ have, have not, participated in a previous contract or subcontract subject to the President's Executive Order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order. UNOCORP NAME OF BIDDER BY:6 �;�-ext z laoav s�" �"d ADDRESS 625E-41E (5/11/89) City of Kent Combined Affidavit & Certification Form: l Non-Collusion, Anti-Trust, Minimum Wage (Non-Federal Aid) and Certification of Lawful Employment NON-COLLUSION AFFIDAVIT Being first duly sworn, deposes and says, that he/she is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself/herself or to any other person any advantage over other Bidder or Bidders. AND CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents t that each of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. AND CERTIFICATION OF LAWFUL EMPLOYMENT The Contractor hereby certifies that it has complied with all provisions of the Immigration and Nationality Act, now or as herein after amended, 8 USC Section 1101 et. seq. , and that all employees, including subcontractor employees, are lawfully permitted to perform work in the United States as provided in this agreement with the City of Kent. 625E-41E (5/11/89) FOR: NON COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER, MINIMUM WAGE AFFIDAVIT AND CERTIFICATION OF LAWFUL EMPLOYMENT Installation of traffic loops in various locations in Kent NAME OF PROJECT UNOCORP NAME OF BIDDER'S FIRM C SIGNATURE OF AUTHORIZED REPRESENTATIVE OF BIDDER Subscribed and sworn to before me this day of 1 �• Notary li in and f# the State of Washing n, residing ae E17 Clkup— 1 625E-41E (5/11/89)