HomeMy WebLinkAboutContractDocuSign Envelope ID: 4EF7F8F7-6394-484D-AF43-CE06ABD17058
MASTER NON-EXCLUSIVE ON-CALL SMALL PUBLIC WORKS
AGREEMENT FOR Pool Maintenance and Repair Services
CAG-24-128
THIS AGREEMENT (" Agreement") is made as of th •+ _ day of April, 2024, (the "Effective
Date") by and between the City of Renton, a Washington municipal corporation ("City"), and
Aquatic Specialty Services, ("Contractor"), a Washington State Inc.who are collectively referred
to as the "Parties", to provide non-exclusive on-call Pool Maintenance and Repairs for the City
Owned Henry Moses Aquatic Center (i.e., Pump Repairs, PH Equipment Calibration, Pool etc.).
City and Contractor agree as set forth below.
The City desired on-call Pool Maintenance, Repairs, and Supplies services and solicited a
written Bid Proposal for this Agreement. The Contractor responded to the Bid Proposal to
provide these services and represents that it is qualified and possesses sufficient skills to
perform such work.
1 Contractor agrees to provide non-exclusive on-call Small Public Works,
Pool Maintenance and Repairs services as specified in Exhibit A. which is attached and
incorporated herein and may be referred to as the "Work." Specific Work is to be assigned
as INVOICE WORK ORDERS need under this agreement by the project managers.
2 City, without invalidating this Agreement, may order changes
3.
to the Scope of Work 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 or Amendment signed by the Parties.
A.Contractor shall commence performance of the Agreement pursuant to the
schedules set forth in an invoice.
B.The Term of this Agreements is one year: All Work shall be performed not later
than April 30th , 2025.
C.This Agreement may be renewed for two (2) additional one (1) year periods.
*Note the Prevailing Wage Rate update in Paragraph 5. A.
D.This Agreement may be extended for less than one year to accomplish and existing
INVOICE WORK ORDERS, if required, upon mutual written agreement of City and
Contractor.
CAG-24-128
DocuSign Envelope ID: 4EF7F8F7-6394-4B4D-AF43-CE06ABD17058
D.Final Acceptance. Final Acceptance of the Project of an ALL ON-CALL INVOICE
WORK ORDERS when the City has determined that the Project is one hun dred
percent (100%) complete and has been completed in accordance with the Plans
and Specifications.
6.Termination:
A.The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days' notice to the Contractor in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Contractor
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B.In the event this Agreement is terminated by the City, the Contractor shall be ent itled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Contractor an equitable share of the fixed fee. This provision shall not prevent the City
from seeking any legal remedies it may have for the violation or nonperformance of
any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
7.Hold Harmless: Contractor shall indemnify, defend and hold harmless City, 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 City an d
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 City, 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,
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DocuSign Envelope ID: 4EF7F8F7-6394-484D-AF43-CE06ABD17058
City upon written request by the Contractor and written acceptance by the
City. Any increased deductibles accepted by the City will remain the
responsibility of the Contractor. The Builders Risk insurance shall be
maintained until final acceptance of the work by the City.
2.□ Required. Contractors Pollution Liability insurance covering losses
caused by pollution conditions that arise from the operations of the
Contractor. Contractors Pollution Liability insurance shall be written in an
amount of at least $1,000,000 per loss, with an annual aggregate of at least
$1,000,000. Contractors Pollution Liability shall cover bodily injury,
property damage, cleanup costs and defense including costs and expenses
incurred in the investigation, defense, or settlement of claims.
If the Contractors Pollution Liability insurance is written on a claims-made
basis, the Contractor warrants that any retroactive date applicable to
coverage under the policy precedes the effective date of this contract; and
that continuous coverage will be maintained, or an extended discovery
period will be exercised for a period of three (3) years beginning from the
time that work under the contract is completed.
The City shall be named by endorsement as an additional insured on the
Contractors Pollution Liability insurance policy.
If the scope of services as defined in this contract includes the disposal of
any hazardous materials from the job site, the Contractor must furnish to
the City evidence of Pollution Liability insurance maintained by the disposal
site operator for losses arising from the insured facility accepting waste
under this contract. Coverage certified to the Public Entity under this
paragraph must be maintained in minimum amounts of $1,000,000 per loss,
with an annual aggregate of at least $1,000,000.
Pollution Liability coverage at least as broad as that provided under ISO
Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA
99 48 shall be provided and the Motor Carrier Act Endorsement (MCS 90)
shall be attached.
9.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 Work performed or to be performed under this Agreement,
shall not discriminate on the basis of race, color, sex, religion, nationality, creed,
DocuSign Envelope ID: 4EF7F8F7-6394-484D-AF43-CE06ABD17058
10.
11.
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 u pon a bona
fide occupational qualification in relationship to hiring and employment, in
employment or application for employment, the administration of the delivery of
Work or any other benefits under this Agreement, or procurement of materials or
supplies.
B.The Contractor will take affirmative action to ensure 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, City 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.
Independent Contractor: Contractor's employees, while engaged in the performance of
any of Contractor's Work under this Agreement, shall be considered employees of the
Contractor and not employees, agents, representatives of City and as a result, shall not be
entitled to any coverage or benefits from the City of Renton. Contractor's relation to City
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 Work provided to be rendered under this Agreement, shall be the solely
Contractor's obligation and responsibility.
City of Renton Business License: The Contractor shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
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PAGE 9 OF 16
CITY OF RENTON
Edward Grube
1055 South Grady Way
Renton, WA 98057
Phone: (206) 475-0662
egrube@rentonwa.gov
CONTRACTOR
Phone:
Fax:
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 Work 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.
Contractor hereby expressly consents to the personal and exclusive jurisdiction
DocuSign Envelope ID: 4EF7F8F7-6394-484D-AF43-CE06ABD17058
CITY OF RENTON
Martin Pastucha
Public Works Administrator
1055 South Grady Way
Renton, Washington 98057
5/14/2024 I 4:05 PM PDT
Date
Approved as to Legal Form
Shane Moloney
Renton City Attorney
Date
CONTRACTOR �.�� Title L:) "- � rL¢->
Non-standard Master Small PW On-Call 10-12-23 db (1719)
PAGE lloF 16
Approved by Cheryl Beyer via email 4/15/2024
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Exhibit A
SCOPE OF WORK
City of Renton
ON-CALL Pool Maintenance and Repairs SERVICES
Project Manager: Edward Grube, Public Works – Facilities Capital Projects Coordinator
Introduction
The City of Renton requests services to perform Pool Maintenance and repairs on an “as needed”
basiswith up to 3 of companies. A $00.00 “not-not-to-exceed” amount does not guarantee work
to any contractor and the amount paid will be based upon time and materials of actualwork
performed. A written quote will be required for each call-out under the agreement.
The City reserves the right to awardmultiple contracts to multiple contractors for this work if it is in
the best interest of the City. The City reserves the right to choose any of the companies awarded this
contract for each call-out.
The overtime rates set forth in the contract will be reimbursable only to the extent the overtime has
been approved by the City.
Equipment rental will be reimbursed for the exact amount paid; receipts must be submitted with
invoice. Traffic control plans should be considered a requirement for some locations.
Additional requirementsof the work are included below. It is your responsibility to read these
requirements thoroughly and to become familiar with each site location work is assigned in relation to
the amount and type of work involved to complete.
Minimum Requirements of Contractor
RentonBusiness License, registered contractor with the State of Washington, current
State Unified Business Identifier Number
Proof of Insurance - Minimum amounts to be approved in advance by City Risk Management.
Includes General Liability, Automobile Liability, Workers Compensation and Employers’
Liability. See the attached contract for specific requirements.
Include with the First Invoice the Company’s Intent to Pay Prevailing Wage Rates and
submit the Affidavit to Pay Prevailing Wage Rates at the completion of the last Invoice of
the Year; the Affidavit must total the amount of all Invoices Paid for the year. Labor rates
shall be Prevailing Wage Rates for the industry.
DocuSign Envelope ID: 4EF7F8F7-6394-484D-AF43-CE06ABD17058
•All Technicians shall wear the most up-to-date personal protective equipment (PPE)
including but not limited to safety glasses, gloves, and footwear while on the job site.
•Equipment and experience in Maintenance, Troubleshooting, and Repairing Pool equipment,
Pool chemicals, and all associated components {i.e., Pumps, Valves, Chemicals, Chemical
Pumps, Chemical Testing, etc.).
•Work that is incomplete at the end of the workday must be in a state that allow the
Safe operation of the Pool and the Facility. If that cannot be done; the HMAC
Representative must be notified immediately.
•The Contractor reserves the right to change any Technician Assignment and substitute another
Technician at any time due to illness or other Emergency.
•Technicians shall wear clothing that is non-offensive or distracting while at the location.
•No Smoking is allowed by the Technicians except at designated areas.
Preferred Qualifications of Pool Technicians
•Familiarity with and adherence to:
o Washington State Department of Health -Water Recreation
o Water Recreation Facilities, Chapter 246-260 WAC
o Recreational Water Contact Facilities, Chapter 246-262 WAC
o The Model Aquatic Health Code (MAHC): An All-inclusive Model Public Swimming Pool
and Spa Code
•Certification Requirements
o Certified Pool & Spa Operator (CPO) Certification and/or Aquatic Facilities Operator
(AFO) Certification
o Any Washington State required certifications not listed to safely work on Pool
equipment and chemical systems.
Project Area Specifications -Prior to Beginning Work
•On-Site Meeting to with the Pool Tech�ician and HMAC Representative and/or Facilities to go
over what work is to be accomplished.
o Sign out a Key (if applicable)
Non-Emergency Work -
Pool Equipment Preventative Maintenance and Chemical System Cleaning and Calibration
•Work must be scheduled out in Advance so that the HMAC Representative and/or Facilities can
Schedule the work with the Pool Staff, if needed.
Emergency Work
Pool Equipment Emergency Repairs and Chemical System Repairs and/or cleanup
� V
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DocuSign Envelope ID: 4EF7F8F7-6394-484D-AF43-CE06ABD17058 •l.Ontractor 1s responsm1e to:
o Contact the HMAC Representative and/or Facilities
o Placing the Pool Equipment or Chemical System in a Safe state that will not damage the
.Pool Systems / Operations or further cause a Chemical Hazard.
Non-Emergency/ Emergency - End of Work
•Once work has completed, On-Site Meeting with the Pool Technician and HMAC
Representative and/or Facilities to:
o Walk the area to ensure all work has been completed and area has been cleared of any
trash or debris.
o Ensure that the Pool Equipment and/or Chemical System is returned to a Safe
Operating State.
o Return the Key (if applicable)
Special Conditions
•Damage that occurs as a direct result of contractor actions or inaction is the sole responsibility
of the contractor.
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DocuSign Envelope ID: 4EF7F8F7-6394-484D-AF43-CE06ABD17058
1nvo1ces
•Invoices should be submitted to:
Brian Hammon, Facilities Manager
Edward Grube, Facilities Capital Project Coordinator
Public Works -Facilities Department -5th Floor
1055 South Grady Way, Renton, WA 98057
Email: Facilities@Rentonwa.gov
Telephone: (425) 430-7222
•Invoices should contain the following information to prevent a delay in processing:
o Contractor name, address and telephone number
o Contract Number-assigned upon execution of agreement (CAG # ** -***)
o Unique Invoice Number
o Date work performed
o Location where work was performed
o Number of workers assigned to task
o Classification of workers assigned to task
o Total hours worked
o Materials including mark-up
o Amount due, Washington sales tax and total amount due
o Washington Department of Labor and Industries Intent to Pay Prevailing Wage Statement
with first invoice. Affidavit of Wages Paid Statement for each invoice thereafter. Failure
to submit these forms may delay processing of invoices.
o If there is a Disposal Fee, it must be included with the Invoice.
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DocuSign Envelope ID: 4EF7F8F7-6394-484D-AF43-CE06ABD17058
Invoices
•Invoices should be submitted to:
Brian Hammon, Facilities Manager
Edward Grube, Facilities Capital Project Coordinator
Public Works -Facilities Department-5th Floor
1055 South Grady Way, Renton, WA 98057
Email: Facilities@Rentonwa.gov
Telephone: (425) 430-7222
•Invoices should contain the following information to prevent a delay in processing:
o Contractor name, address and telephone number
o Contract Number-assigned upon execution of agreement (CAG # ** - ***)
o Unique Invoice Number
o Date work performed
o Location where work was performed
o Number of workers assigned to task
o Classification of workers assigned to task
o Total hours worked
o Materials including mark-up
o Amount due, Washington sales tax and total amount due
o Washington Department of Labor and Industries Intent to Pay Prevailing Wage Statement
with first invoice. Affidavit of Wages Paid Statement for each invoice thereafter. Failure
to submit these forms may delay processing of invoices.
o If there is a Disposal Fee, it must be included with the Invoice.
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DocuSign Envelope ID: 4EF7F8F7-6394-484D-AF43-CE06ABD17058
Exhibit B
SCHEDULE OF COSTS AND HOURLY RATES
City of Renton
ON-CALL Pool Maintenance and Repairs SERVICES
•Time and Material Submission (sealed bid or by email)
•Agreement Sum (based upon prevailing wage)
o Regular Rate per Hou.r: See Below _ per man-hour
o Overtime Rate per Hour: See Below per man-hour
o Material Markup Percentage: See Below%
•Equipment/ Chemicals Schedule Submission
Description:
PWR for general labor maintenance $210:00
PWR for Inside wireman classification $250.00
PWR for Plumber & Pipefitter classification $250.00
All overtime will be based upon classification at time and a half
All mark up depends on manufacture price point and can vary 20% to 50%
Description:
We are a full service team and able to provide certified factory trained technicians that are AFO
certified for various pump room operating equipment. All of our technicians have various skills
and we are able to tackle various improvements, maintenance & service by operating as a team
and assigning the task accordingly. We are able to buy direct, we stock major components for
operating equipment maintenance, and we are the warranty station for several manufactures,
because we are the certified distributors for those manufactures in Washington State. We are a
small company, that focuses on keeping our clients up to date with best practices in technology
in the industry and emphasize streamlining, continuity, all to reduce down time by proper
maintenance.
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