HomeMy WebLinkAboutPK07-124 - Original - Road Runner Striping, Inc. - 144th Channelization Service Club Park - 04/26/2007 Records Managemen
KENT Document
WA9HINGTON
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name: ��aQ �0(1
Contract Number:
This is assigned by Mary Simmons
Vendor Number:
Project Name:
Contract Effective Date: —Ito' 0-7
Contract Termination Date:
5 - l 0 - 0-7
Contract Renewal Notice (Days):
Number of days required notice for termination lor,renewal or amendment
Contract Manager: CC- C
Department:
Abstract:
ADCL7832 07/02
4
l
KENT
WA5NI N GTON
PUBLIC WORKS AGREEMENT
between City of Kent and
Road Runner Striping, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Road Runner Striping, Inc organized under the laws of the State of Washington,
located and doing business at 10611 Canyon Road Suite 122, Puyallup, Washington 98373 (hereinafter the
"Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the following described
plans and/or specifications:
Contractor to provide labor, materials and equipment necessary to install 1033 linear feet of
4"Thermoplastic Line at Service Club Park in Kent, Washington as described in the Contractor's
Bid Proposal dated April 12, 2007 attached and incorporated as Exhibit A.
Contractor further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement,
Contractor shall complete the work described in Section I within ten (10) days.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed One
Thousand Nine Hundred Thirteen Dollars and NO/100ths ($1,913.00), plus any applicable Washington State
Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor the
following amounts according to the following schedule:
The Contractor shall invoice the Citymonthly. The City will a for the portion of the work described
Y Y pay
in the invoice that has been completed by the Contractor and approved by the City. The City's payment
shall not constitute a waiver of the City's right to final inspection and acceptance of the project.
A. No Performance Bond. Because this contract is under $10,000, the city has elected to
waive both the performance bond and retainage requirements of Chapter 39.08 RCW.
B. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Contractor for any defective or unauthorized work. Defective or unauthorized work includes,
PUBLIC WORKS AGREEMENT- I
(Under$10K - OPTIONAL PROCESS)
without limitation: work and materials that do not conform to the requirements of this
Agreement; and extra work and materials furnished without the City's written approval. If
Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City
may complete the work by contract or otherwise, and Contractor shall be liable to the City for
any additional costs incurred by the City "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Contract price
specified above. The City further reserves its right to deduct the cost to complete the Contract
work, including any Additional Costs, from any and all amounts due or to become due the
Contractor.
C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL
PAYMENT SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT
THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR
AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. The City may terminate this Agreement for good cause. Good cause" shall
include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor's persistent disregard of federal, state or local laws,rules or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor's breach of an portion of this Agreement.
YP g
If the City terminates this Agreement for good cause, the Contractor shall not receive any further money
due under this Agreement until the Contract work is completed After termination, the City may take
possession of all records and data within the Contractor's possession pertaining to this project which may be
used by the City without restriction.
VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages,"
with the State of Washington Department of Labor & Industries prior to commencing the Contract work.
Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and
comply with Chapter 39 12 of the Revised Code of Washington, as well as any other applicable prevailing wage
rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is
attached.
PUBLIC WORKS AGREEMENT-2
(Under$10K - OPTIONAL PROCESS)
VII. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is
necessary, Contractor must submit a written change order request to the person listed in the notice provision
section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or
should have known of the facts and events giving rise to the requested change. If the City determines that the
change increases or decreases the Contractor's costs or time for performance, the City will make an equitable
adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable
adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it
deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written
change order from the City or an oral order from the City before actually receiving the written change order. If
the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives
its right to make any claim or submit subsequent change order requests for that portion of the contract work. If
the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work;
however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section
VIII, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or(3) not protesting in the way this section provides. A change order that is accepted by Contractor
as provided in this section shall constitute full payment and final settlement of all claims for contract time and
for direct, indirect and consequential costs, including costs of delays related to any work, either covered or
affected by the change.
VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the
City, the Contractor may file a claim as provided in this section. The Contractor shall give n notice to th} p g written e
City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or
within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events
giving rise to the claim, whichever occurs first Any claim for damages, additional payment for any reason, or
extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been
waived by the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in subsections A,
items I through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING
THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information.
I. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate was
determined; and
5. An analysis of the progress schedule showing the schedule change or disruption if
the Contractor is asserting a schedule change or disruption.
PUBLIC WORKS AGREEMENT-3
(Under$IOK - OPTIONAL PROCESS)
B. Records The Contractor shall keep complete records of extra costs and time incurred as a result
of the asserted events giving rise to the claim. The City shall have access to any of the
Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination)
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Contractor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY
LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR
DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-
year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in
workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In
the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts
will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for
one (1) year from the date such correction is completed and accepted by the City The Contractor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the
Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City
may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish
the correction.
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Contractor its sub-contractors, or any person acting on behalf of the
Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates.
Contractor shall execute the attached City of Dent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement
PUBLIC WORKS AGREEMENT-4
(Under$1OK - OPTIONAL PROCESS)
XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence
The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees,
agents 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 INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3 80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided,
PUBLIC WORKS AGREEMENT-5
(Under$IOK - OPTIONAL PROCESS)
e
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
E. Assignment Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement,the terms of this Agreement shall prevail.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS,the parties below execute this Agreement,which shall become effective on the last
date entered below.
CONTRACTOR: CITY QF KENT:
By: /, , By:
(signature) (signature)
Print Name: Rob Middling Print Name: Jeff Watling
Its Estimator Its Director
(Title) (Title)
DATE: `�- i -7 ' t_. DATE: 912-6 C�
PUBLIC WORKS AGREEMENT-6
(Under SIOK - OPTIONAL PROCESS)
APP-1 -2(V7 07:741 F RW: TO: E,GE35Cd P. i
ROAD RUNNER STRIPING, Inc. CXhlolt P
Striping & Cut 6fng
10611 Canyon Road East Suite#1122 OFFICE-PHONE: 253-535-5153
Pu rLallup,WA 98373 OFFICE-FAX: 253.535.6608
ADDITIONAL CONTACT fNFORMATION
DATE: April 12, 2007 EMAIL: roadrunnerstriping&arthlink.not
ATTIC: Shane ESTIMATOR ROB MIDDLING
COMPANY: City Of Kent 253-255-2628
PHONE: 253-740-6630 PRESIDENT: ESEN ERICKSON
FAX: 253-856-6050 253-255-2629
PROJECT: 144th Street SCHEDULING: KEVIN RICKERT
Kent 253-255.2024
SPECIFICATIONS
OTY DESCRIPTION UNIT PRICE TOTAL
1033 LF 4` Thermoplastic Line $1.00 $1,033 00
320 EA Type 1 RPM $2.00 $640 00
60 EA Type 2 RPM $4.00 $240.00
TOTAL $1,913.00
QuallFlcatioons
Pr000sel is good for 30 days
proposal it based cn current materiel costa,an escalation In material costs will cause an Increase in current bid or Contract amount
Proposal lncl�des only Items and quantitres listed
Propossis under$1000 00 shall be conduoted as purchase orders or short form cont acts,if complete contract i;
needed an additional$503 00 will be added to con7act bid amcunt
Proposal excludes traffic control
ACCEPTANCE:
DATED,
's7�_