HomeMy WebLinkAboutContractLIMITED SMALL WORKS CONTRACT AGREEMENT
THIS AGREEMENT (“Agreement”) is made as of the day of _November_,2023, (the “Effective
Date”) by and betweenthe City of Renton, a non-charter code city under RCW 35A and a municipal
corporation under the laws of the State of Washington (“Renton”), and Top-Rung Construction ,
(“Contractor”), CorpŽƌĂƚŝŽŶ, who are collectively referred to as the “Parties”, to do Water
Abatement which is to repair all damaged Walls and Ceilings at the Senior Center due to a Leak
from a Water Supply Line; 211 Burnett Ave N., Renton WA 98057. Renton and Contractor
agree as set forth below.
1. Scope of Services: Contractor will provide all material and labor necessary to perform all
work described in the Proposal which is attached and fully incorporated into this
Agreement by reference as Attachment “A.”
2. Changes in Scope of Services: Renton, without invalidating this Agreement, may order
changes to the Scope of Services consisting of additions, deletions or modifications, the
Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes
in the work shall be authorized by written Change Order signed by the Parties.
3. Time of Performance: Contractor shall commence performance of the Agreement no later
than (90 days) calendar days after the Agreement’s Effective Date.
4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Services, no later than 90 days from the Effective Date. This Agreement may be extended
to accomplish change orders, if required, upon mutual written agreement of Renton and
Contractor.
5. Agreement Sum: The total amount of this Agreement is the sum of ($47,011.60) which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Services.
6. Consideration: In exchange for Contractor’s performance of the items and responsibilities
identified in the Scope of Services, Renton agrees to make payment of the amount
identified as the Agreement Sum.
7. Method of Payment/Prevailing Wages/Retainage/Bonding/Limited Small Public Works :
A.Payment: Payment by Renton for the Services will only be made after the Services
have been performed and a voucher or invoice(in a form acceptable to Renton) along with
a copy of filed Intents and Affidavits is submitted. Payment of the initial 95% will be made
in the next pay cycle of the Renton Finance Department after receipt of such voucher or
CAG-23-418
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invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of
completion of the project and fulfillment of claims and liens. Renton shall have the right
to withhold payment to Contractor for any work not completed in a satisfactory manner
until such time as Contractor modifies such work so that the same is satisfactory.
B. Prevailing Wage Rates/Retainage/Bonding: Contractor must comply with the
State of Washington prevailing wage requirements. Contractor must file an Intent To
Pay Prevailing Wage at the beginning of the project and an Affidavit of Wages Paid at
the end of the project with the Washington State Department of Labor and Industries:
http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp.
C For limited Small Public Works Contracts under $50,000.For limited public works
projects, the City may choose to waive the payment and performance bond
requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28
RCW, for laborers, mechanics, subcontractors, material persons, suppliers, and taxes
imposed under Title 82 RCW that may be due from the contractor for the limited public
works project, however The City shall have the right of recovery against the contractor
for any payments made on the contractor's behalf.
8. Hold Harmless: Contractor shall indemnify, defend and hold harmless Renton, its elected
officials, officers, agents, employees and volunteers, from and against any and all claims,
losses or liability, or any portion of the same, including but not limited to reasonable
attorneys’ fees, legal expenses and litigation costs, arising from injury or death to persons,
including injuries, sickness, disease or death of Contractor’s own employees, agents and
volunteers, or damage to property caused by Contractor’s negligent act or omission,
except for those acts caused by or resulting from a negligent act or omission by Renton
and its officers, agents, employees and volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) 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 Renton, its officers, officials, employees and volunteers, Contractor’s
liability shall be only to the extent of Contractor’s negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act,
RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually
negotiated and agreed to this waiver. The provisions of this section shall survive the
expiration or termination of this Agreement.
9. Insurance: Contractor shall secure and maintain:
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a. Commercial general liability insurance in the minimum amounts of $1,000,000 for each
occurrence/$2,000,000 aggregate for the Term of this Agreement.
b. Professional liability insurance, in the minimum amount of $1,000,000 for each
occurrence, shall also be secured for any professional services being provided to
Renton that are excluded in the commercial general liability insurance.
c. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
d. It is agreed that on Contractor’s commercial general liability policy, the City of Renton
will be named as an Additional Insured on a non-contributory primary basis. Renton’s
insurance policies shall not be a source for payment of any Contractor liability.
e. Subject to Renton’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to Renton before executing the work of this
Agreement.
f. Contractor shall provide Renton with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Contractor agrees as follows:
a. Contractor, and Contractor’s agents, employees, representatives, and volunteers with
regard to the services performed or to be performed under this Agreement, shall not
discriminate on the basis of race, color, sex, religion, nationality, creed, marital status,
sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of services or any other benefits
under this Agreement, or procurement of materials or supplies.
b. The Contractor will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
c. If Contractor fails to comply with any of this Agreement’s non-discrimination
provisions, Renton shall have the right, at its option, to cancel the Agreement in whole
or in part.
d. Contractor is responsible to be aware of and in compliance with all federal, state and
local laws and regulations that may affect the satisfactory completion of the project,
which includes but is not limited to fair labor laws and worker's compensation.
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11. Independent Contractor: Contractor’s employees, while engaged in the performance of
any of Contractor’s services under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of Renton and as a result, shall not
be entitled to any coverage or benefits from the City of Renton. Contractor’s relation to
Renton shall be at all times as an independent contractor. Any and all Workman’s
Compensation Act claims on behalf of Contractor employees, and any and all claims made
by a third-party as a consequence of any negligent act or omission on the part of
Contractor’s employees, while engaged in services provided to be rendered under this
Agreement, shall be the solely Contractor’s obligation and responsibility.
12. Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Services provided in the
performance of this Agreement. The Contractor agrees to provide access to and copies of
any records related to this Agreement as required by the City to audit expenditures and
charges and/or to comply with the Washington State Public Records Act (Chapter 42.56
RCW).
13. Public Records Compliance. To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Contractor shall make a due diligent search
of all records in its possession, including, but not limited to, e-mail, correspondence,
notes, saved telephone messages, recordings, photos, or drawings and provide them to
the City for production. In the event Contractor believes said records need to be protected
from disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractor
shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees,
attendant to any claim or litigation related to a Public Records Act request for which
Contractor has responsive records and for which Contractor has withheld records or
information contained therein, or not provided them to the City in a timely manner.
Contractor shall produce for distribution any and all records responsive to the Public
Records Act request in a timely manner, unless those records are protected by court order.
14. Other Provisions:
a.Administration and Notices. Each individual executing this Agreement on behalf of
City and Contractor represents and warrants that such individuals are duly authorized
to execute and deliver this Agreement on behalf of City or Contractor.
Notice:Except for Service of Process in a legal proceeding, any notices required to be
given by the Parties shall be delivered at the addresses set forth below. Any notices
may be delivered personally to the addressee of the notice or may be deposited in the
United States mail, postage prepaid, to the address set forth below. Any notice so
posted in the United States mail shall be deemed received three (3) calendar days after
the date of mailing. Email notice will be deemed received the date of the email so long
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as sent before 12:00 noon on a business day, if after 12:00 Noon it will be deemed
received the next business day – a copy of email notice must be mailed as set forth
above. This Agreement shall be administered by and any notices should be sent to the
undersigned individuals or their designees.
CITY OF RENTON
Edward Grube
1055 South Grady Way
Renton, WA 98057
Phone: (206) 475 - 0662
egrube@rentonwa.gov
CONTRACTOR
Gary Gilmer
Top-Rung Construction
25924 78th Ave S, Kent, WA 98032
Phone: (253) 893-1101
garyg@fieldsroofservice.com
And to:
City Clerk
cityclerk@rentonwa.gov
b.Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
c.Assignment and Subcontract. Contractor shall not assign or subcontract any portion
of this Agreement without the City of Renton’s prior express written consent.
d.Compliance with Laws. Contractor and all of the Contractor’s employees shall perform
the services in accordance with all applicable federal, state, county and city laws, codes
and ordinances. A copy of this language must be made a part of any contractor or
subcontractor agreement.
e.Conflicts. In the event of any inconsistencies between contractor proposals and this
contract, the terms of this contract shall prevail.
f.Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
g.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
h.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor.
i.Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
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j.Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
k.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
l.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either Renton or Contractor from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective
Date.
CITY OF RENTON
By:_____________________________
CONTRACTOR
By:____________________________
Martin Pastucha
Public Works Administrator
1055 South Grady Way
Renton, WA 98057
Gary Gilmer
President
_____________________________
Date
_November 15,2023_______________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Shane Moloney
Renton City Attorney
Limited small works template 6-14-23
Approved by Cheryl Beyer via 11/15/2023 email
N/A
PAGE 7 OF 7
Attachment “A.”
City of Renton – Senior Center – Water Leak Project
October 11th, 2023 (Wednesday) – 11:00AM till 12:00PM
x Location:
o Senior Center (211 Burnett Ave N, Renton, WA 98057)
x Work Scheduled:
o Weekday Work (Monday thru Friday)
o Work Hours (To Be Determined)
o Start Date (To be Determined)
x Walk Thru of Work Area
o Questions can be asked during Walk through but once it has been completed; facilities cannot
answer questions after the walkthrough.
x Expectations:
o Arrive on Time when Scheduled.
o This is a Prevailing Wage Project
o Contractor to observe proper OSHA safety protocol throughout project.
o Provide all Permits associated with the Project, if required.
o Prior to work to be started; the area will need to be someone isolated to ensure the safety of
the Senior Center patrons. Access can be blocked during the repairs.
o Investigate and conduct the repairs to the affected plumbing that is leaking from the 2 nd Floor.
o Good Faith Survey has been completed; there is No Asbestos present in the building; If you
need a copy of the Survey; I will email it directly to the requestor.
o Conduct the necessary Water Remediation of affected Area where the Water Leak occurred.
o Replace and or dry any water damaged sections of Wall and Ceiling in the Hallway and inside
the Men’s Restroom.
o Install a 24’ x 24’ Fire Rated Access Panel in the Hallway Ceiling.
Alternative access panel through tongue & groove cedar has been approved for roof access.
o Replace the 2 Fire Block pieces that were removed from the Water Damaged Wall.
o Try to Match the Paint of the walls that need to be repainted to existing painted walls.
o Daily Cleanup and Removal of debris from Location.
o Walkthrough once all work has been completed to ensure all work has been accomplished.
x Bid Due Date:
o Deadline for Bids is October 20th, 2023, 2021 at 5:00PM
o We will not accept Bids after the deadline.
o Bids must be Submitted Via Email and sent to egrube@rentonwa.gov
o The Lowest Responsible Bidder will be notified via Phone Call or Email that they have won the
Small Works Project.
o The City of Renton can decline all Bids.
o If you are not contacted within 1 week after the Deadline listed below; you have not been
selected for the Small Works Project
o If you want to find out about the winning bid or other bids, please submit a Public Records
Request at City Clerk’s Office.
Job Site
City of Renton Senior Center
211 Burnette Ave N.
Renton WA 98057
City of Renton - Senior Center
211 Burnette Ave N.
Renton WA 98057
1200199
(206) 475-0662 Edward Grube
Exclusions: There will be additional cost for permits, inspections and engineering. Any unforseen water damgage will be additoinal cost
to repair. TRC is not painting any areas with existing sheetrock. Any work not mentioned in the work scope is excluded from this
proposal. The new paint applied by TRC may not match the existing paint perfeclty due to the age of the existing paint. The color of the
grout applied by TRC may not match the existing grout perfectly due to the age of the existing grout. The color of the tile may not match
the existing tile perfectly due to the age of the tile. If the water damage extends past the areas listed in the work scope, there will be
additional cost added to the project for additional areas not listed in the work scope.
Work Scope
Hallway
- Provide and install ram board, painters plastic and a zipper door to contain all dust and debris from areas not receiving work.
- Remove the base molding in areas with sheetrock repairs completed by TRC. (Save for reinstallation).
- Remove a 12'x5' section of tongue and groove cedar and save for reinstallation. (TRC is not removing or replacing any other tongue
and groove cedar).
- Remove a 12'x5' area of sheetrock on the ceiling and a 12'x8' section of sheetrock on the wall below the water damaged ceiling and
inspect for concealed water damage.
- Remove a 2'x8' section of sheetrock around the corner from the water damaged ceiling and inspect for concealed water damage.
- Provide a recommendation for repairs and estimate of additional cost if water damage is discovered.
- Remove and repalce (2) pieces of dimension lumber. (Fire blocking)
- Provide and install new 5/8" sheetrock on the ceiling and 1/2" sheetrock on the walls in areas removed by TRC.
- Apply tape and mud (fire tape only) on the ceiling.
- Apply tape, mud and texture on the walls with repairs completed by TRC.
- Apply new paint to the areas with sheetrock repairs completed by TRC. (The new paint applied by TRC may not match the existing paint
perfectly due to the age of the existing paint.)
- TRC is only painting the new sheetrock installed by TRC, TRC is not painting the entire hallway or ceiling.
- Install the existing tounge and groove cedar that was removed to repair the water damaged sheetrock on the ceiling.
- The tounge and groove cedar will be installed with a 14"x24" access panel. (TRC is not changing any of the framing in ceiling where the
access panel is located.
- Provide and install 1"x4" cedar around the opening of the access panel.
- The access panel will be built with 5/8" sheetrock and the tounge and groove cedar will be glued to the 5/8" sheetrock.
Job Number:
Client Signature & Date
X
Submitted to
Proposal
$42,699.00
Appendix A
Base Contract Amount
Proposed Contract is valid for (15) calendar days from
Richard Arneberg
Please note Base Contract Amount does not include WSST Tax.
There is a 3% fee for all credit card transactions.
10/18/2023
10/18/2023
Job Site
City of Renton Senior Center
211 Burnette Ave N.
Renton WA 98057
City of Renton - Senior Center
211 Burnette Ave N.
Renton WA 98057
1200199
(206) 475-0662 Edward Grube
- TRC will cut the tongue and groove cedar where the hallway changes directions and install a piece of 1"x3" cedar at the transition. (The
new stain applied by TRC may not match the existing stain pefectly).
Bathroom
- Remove the soap dispenser, paper towel dispenser, light fixture above the vanity, back splash on left side of the vanity and handicap
button. (Save for reinstallation).
- Remove 8 linear ft of tile base molding and haul to an approved dumpsite.
- Remove and repalce a 8'x8' section of sheetrock and haul to an approved dumpsite.
- Apply new tape, mud and texture on the 8'x8' area of sheetrock removed by TRC.
- Apply new paint to the new sheetrock installed by TRC. (TRC is not painting the entire bathroom, TRC is only painting the area with
sheetrock repairs completed by TRC.)
- Install a new cove tile base molding for the 8' section removed by TRC.
- Apply new grout to the new tile installed by TRC.
- Install the existing soap dispenser, paper towel dispenser, back splash and handicap button.
- Install the existing light fixture that was removed to repair the sheetrock.
- Clean jobsite of all work scope related debris and haul all debris to an approved dumpsite.
2nd Floor Hallway
- Provide and install new sheetrock for a 3'x2' area.
- Apply new tape, mud and texture on the new sheetrock installed by TRC.
- Apply new paint on the new sheetrock installed by TRC. (The new paint applied by TRC may not match the existing paint perfectly).
- Use a carpet cleaner in all areas TRC completed work.
Job Number:
Client Signature & Date
X
Submitted to
Proposal
$42,699.00
Appendix A
Base Contract Amount
Proposed Contract is valid for (15) calendar days from
Richard Arneberg
Please note Base Contract Amount does not include WSST Tax.
There is a 3% fee for all credit card transactions.
10/18/2023
10/18/2023