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HomeMy WebLinkAboutContractDocusign Envelope ID: E87A70FF-67D7-41B7-A987-A8EE1A97E7FA SMALL PUBLIC WORKS CONTRACT AGREEMENT under$2SK THIS AGREEMENT ("Agreement") is made as of the 11th day of March 2026, (the "Effective Date") by and between the City of Renton, a non-charter code ·city under RCW 35A, and a Washington Municipal Corporation ("City "), through its Public Works Facilities Division and Code Mechanical, Incorporated ("Contractor''), a Washington Corp. who are collectively referred to as the "Parties", to install and replace the HVAC system at the Coulon Park Maintenance Shop. The City and Contractor agree as set forth below. 1.Scope of Work: Contractor will provide all material and labor necessary to perform all work described in the Scope of Work which is attached and fully incorporated into this Agreement by reference as Attachment "A." 2.Changes in Scope of Work: The City, without invalidating this Agreement, may order changes 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. 3.Time of Performance: Contractor shall commence performance of the Agreement no later than 30 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 Work, no later than 90 from the Effective Date. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of the City and Contractor. 5.Agreement Sum: The total amount of this Agreement is the sum of $24,980.74 which includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed amount based on changes to the Scope of Work. 6.Consideration: In exchange for Contractor's performance of the items and responsibilities identified in the Scope of Work, the City agrees to make payment of the amount identified as the Agreement Sum. 7.Method of Payment/ Retainagel Bondin&: Payment by the City for the Work will only be made after the Work has been performed and a voucher or invoice is submitted in a form acceptable to the City. CAG-26-077 Docusign Envelope ID: E87A70FF-67D7-41 B7-A987-A8EE1A97E7FA A.Prevailing Wage Rates: 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. The State of Washington prevailing wage rates applicable for this project, which is located in King County, may be found at the following website address of the Department of Labor and Industries: http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage rates paid for the duration of this contract shall be the date the contract is executed as reflected in the "Effective Date" identified at the top of the first page of this Agreement. Upon request, the City will provide a copy of the applicable prevailing wages for this project. Alternatively, the rates may be viewed at the City of Renton City Hall by making an appointment with the contact person identified herein or prior to contract award with the contact person identified as the City of Renton contact in Paragraph 15 Notices of this agreement. B.Retainage held by the City or in Escrow Account: Pursuant to RCW 60.26 and 39.08 the City requires a 5 % Retainage be withheld and that the Contractor will provide a either a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement or waive the payment and performance bond and instead the City will retain 10%. Payment of the initial 95% will be made in the next pay cycle of the City Finance Department after receipt of such voucher or 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. (Unless the contractor waives the payment and performance bond below and opts for a 10% retainage below.) Contractor must pick one -if contractor does not pick one then 5% with contract bond is required: ___ To provide a payment and performance bond (contract bond) in the amount of 100% of the estimate including taxes with a 5% retainage. or PAGE20F8 Docusign Envelope ID: E87A70FF-67D7-4187-A987-A8EE1A97E7FA X To waive a payment and performance bond (contract bond) and instead the city will retain the remaining 10% will be retained for the purpose of completion of the project and fulfillment of claims and liens. B.The City 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. C.Final Acceptance. Final Acceptance of the Project occurs when the Public Works Director has determined that the Project is one hundred percent (100%) complete and has been constructed in accordance with the Plans and Specifications. D.Payment in the Event of Termination. In the event this Contract is terminated by the either party, the Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in the Scope of Work is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under the Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by the City or which may be sustained by the reason of such refusal, neglect, failure or discontinuance of Contractor performing the work, such excess shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all reasonable legal expenses and costs incurred by the City to protect the rights and interests of the City under the Contract. 8.Hold Harmless: Contractor shall indemnify, defend and hold harmless the 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 The City 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 The City, its officers, officials, employees and volunteers, Contractor's liability shall be only to the extent of Contractor's negligence. PAGE 30F8 Docusign Envelope ID: E87A70FF-67D7-41 B7-A987-A8EE1A97E7FA 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: 10. A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term ofthis 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 The City 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.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Contractor's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. E.It is agreed that on Contractor's commercial general liability policy, the City of The City will be named as an Additional Insured on a non-contributory primary basis. The City's insurance policies shall not be a source for payment of any Contractor liability. F.Subject to the City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before executing the work of this Agreement. G.Contractor shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 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, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any e PAGE 4 OF 8 Docusign Envelope ID: E87A70FF-67D7-4187-A987-A8EE1A97E7FA 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 Work 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, the 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. 11.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 the City and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor's relation to The 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. 12.City of Renton Business License: The Consultant 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: http://www.rentonwa.gov/cms/0ne.aspx?portal1d=7922741&pageld=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business PAGE50F8 Docusign Envelope ID: E87A70FF-67D7-41 B7-A987-A8EE1A97E7FA prevent either The City 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 Martin Pastucha, Public Works Administrator 1055 South Grady Way Renton, Washington 98057 3/11/2026 I 3:22 PM PDT Date Approved as to Legal Form Cheryl L. Beyer 2/19/26 (3743) Cheryl L. Beyer Senior Assistant City Attorney Non-standard pw-under $25K clb 3-27-25 PAGE80F8 CONTRACTOR 8619 17 th Ave East Tacoma, WA 98445 Date Docusign Envelope ID: E87A70FF-67D7-4187-A987-A8EE1A97E7FA MECHANICALINC. Code Mechanical Inc. PROPOSAL FORM 8619 17th Ave E Tacoma, WA 98445 Phone: 253-377-2787 253-310-6052 (Acct)Email: josh@codemechanicalinc.comBill To: City of Renton Qty Name MISC MISC Estimate Notes: 1055 S Grady Way Renton, WA 98057-3232 Description Trane air handler-T AH 5TEM4005AC41 SA Electric strip heat 10 KW Air conditioning unit-TAC 5TTR3036A 1 OOOA Labor Sheet metal fittings and duct Misc materials Lift F 100 filter Trane Heat Pump option Job Site: Date: 1/28/2026 Estimate#: 60236 P.O.#:Work Order#:City of Renton maintenance shop 1201 Lake Washington Blvd N Renton, WA 98056 Rate $21,107.00 $1,500.00 Subtotal Total Terms Due Upon Receipt Amount $21,107.00 $1,500.00 $21,107.00 $23,323.24 This is to replace the air handler that serves the office at the maintenance shop. This includes replacing the air handler, adding a condensing unit, new thermostat and modifying the ducting to the new system. This requires relocating the air handler to a better serviceable location and adding a 4" filter. This excludes after hours work, Mechanical engineering, TAB and electrical. NOTES AND ASSUMPTIONS: Priee es 3tMeEI jg gooEI for l S Eleys SigHe�1:1re Docusign Envelope ID: E87A70FF-67D7-41B7-A987-A8EE1A97E7FA Thank you for your business! Docusign Envelope ID: E87A70FF-67D7-4187-A987-A8EE1A97E7FA Vendor Setup Form City of Renton Finance Department 1055 South Grady Way - 5 th Floor Renton, WA 98057 www.rentonwa.gov Instructions: Complete all sections of this form and return this form by fax (425) 430-6957, U.S. Mail or email. Failure to submit a W-9 can create a delay in our payments to you, and your payment(s) could be subject to the IRS required back up withholding Vendor Information Code Mechanical Inc 20-8868692 Name EIN Tonja Young Check Payable to if different than above Accounts Receivable Contact 8619 17th Ave E (253)310-6052 Address Accounts Receivable Phone Number Tacoma, WA. 98445 City State Business Information Please check all that apply: D Disadvantaged Business Enterprise D Minority Business Enterprise D Women Business Enterprise Zip Who is your contact person at the City of Renton? Brain Hammon City of Renton Department you are working with? Facilities Manager Electronic Funds Transfer Account# 153598989918 Please attach a voided check or direct deposit letter from your bank Please Provide a Current W-9 form https://www.irs.gov/pub/irs-pdf/fw9.pdf City of Renton Business license is required by City of Renton municipal code, Business regulation #5-5-3. 50765 Renton Business license # 602711670 State of Washington UBI# Questions? Contact Business Licensing at https://rentonwa.gov/businesslicensing R outing# 125000105 I/we hereby give the City of Renton the authority to make EFT direct deposits to the bank account described above. I/we understand that if this EFT agreement is to b changed or canceled in any way that I/we mu_!! provide 30 day advance written notice to the City of Renton at the above address. Digitally signed by Tonja Young T • y / c t 11 Date:2026.03.0310:45:31-08'00' OnJa oung on ro er Signature Printed Name 03/03/26 Date Finance Accounts Payable Team Natalie Wissbrod, Accounting Asst. (425)430-6919 nwissbrod@rentonwa.gov Danielle Inks, Accounting Asst. (425)430-6930 dinks@rentonwa.gov Travis Case, Finance Manager (425)430-6935 tcase@rentonwa.gov Docusign Envelope ID: E87A70FF-6 707-41 B7-A987-A8 EE1A9 7E7FA Form W-9 (Rev. March 2024) Department of the Treasury Interna l Reve nue Service Request fo r Tax paye r Identific ation Number and Certifi cation Go to www.irs.gov/FormW9 for instru ctions and the latest information. Before you begin. For guidance rel ated to the purpose of Form W-9 , see Purpose of Fo rm, below . Give form to the re quester. Do not send to the IRS. 1 Name of entity/individual. An entry is req uired. (Fo r a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregardedentity's name on line 2 .) Code Mechanical Inc. 2 Business name/disregarded entity name, if different from above. ,.; 3a Chec k the appropriate box for fe deral tax classification of the entity/individual whose name is entered on line 1. Check 4 Exemptions (codes apply only to only one of the fo llowing seven boxes. certain entities, not individuals; □ D C corporat ion 0 S corporation 0 Partnership D Trust/estate see instructions on page 3): Individ ual/sole proprietor .(/) □LLC . Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) Exempt payee code (if any) G) c:: ---£;.g Note: Check the "LLC" box above and, in the entry space, enter the appropriate cod e (C, S, or P) for the tax 0 2 classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax box for the tax classification of its owner. Compliance Act (FATCA) reporting � t; □Other (see instructions)code (if any) -� .s ll. (J � 3b If on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification,(Applies to accounts maintained (J and you are provid ing this form to a partnership, trust, or estate in wh ich you have an ownership interest , checkQ) □outside the United States.) � this box if you have any foreign partners , owners, or beneficiaries. See instruct ions Q) 5 Address (n umber, street , and apt. or suite no.). See instructions. Requester's name and address (o ptional) 861 9 17th Ave E 6 City, state, and ZIP code Tacoma, WA. 98445 7 List account number(s) here (optional) ■::r:1 ••Taxpaye r Identification Number (TIN) I Social security number I Enter your TIN in the appropriate box. The TIN provided must matc h the name given on line 1 to avoid backup withholding. For ind ividuals, this is generally your social security number (SS N). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identifi cation number (E IN). If you do not have a numbe r, see How to get a TIN, later. [Il]-[[]-1 I I I I or !Employer identification number Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. 2 0 - 8 8 6 8 6 9 2 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withhold ing because (a) I am exempt from backup withholding, or {b) I have not been notified by the Internal Revenue Service (I RS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defi ned below); and 4. The FATCA code(s) entered on this fo rm (if any) indicating that I am exempt fro m FATCA reporting is correct . Certification instructions. Yo u must cross out item 2 above if you have been notified by t he IRS that you are currently subject to backup withhold ing because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (I RA), and, generally, payments oth er than interest and dividends, you are not required to sign the certification, but you must provide your correct TI N. See the instructions for Part II, later. Sig n Signature of Here U.S. person Date Section references are to the Internal Revenue Code unless otherwise noted . Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were publ ished, go to www.irs.gov/Form W9 . What's New Line 3a has been modified to clarify how a disregard ed entity completes this line. An LLC that is a disregarded entity should chec k the appropriate box for the tax class ification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. Cat. No. 10231X New line 3b has been added to this form . A fl ow-through ent ity is req uired to complete this line to indicate that it has direct or indirect fore ign partners, own ers, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. Th is change is intended to provide a flow-through entity with information regard ing the status of its indirect foreign partnP.rs, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Sched ules K-2 and K-3. See the Partnership Instructions for Sched ules K-2 and K-3 {Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is req uired to file an info rmation return with the IRS is giving you this form because they Form W-9 (Rev. 3-2024) Docusign Envelope ID: E87A70FF-67D7-4187-A987-A8EE1A97E7FA Insurance Guidelines for the City of Renton The City of Renton requires current insurance certificates for one or more of the following lines of coverage and minimum insurance limits: •$1,000,000 per occurrence and $2,000,000 aggregate for Commercial General Liability (CGL) or Special Event coverage. Limits may be increased for higher than usual or special liability exposures. •$1,000,000 combined single limit for Auto Liability. Required if a commercial vehicle will be used in performance of work or delivery of products, beyond normal commutes. •Proof of Workers' Compensation coverage, as required by the State of Washington (provide the Washington L&I or excess coverage policy number). •Excess Liability or Umbrella. Required only if needed to reach minimum CGL or auto liability coverage limits. •$1,000,000 Professional Liability. Required if professional services (e.g. architect, engineering, surveying, legal, or medical) are being provided to the city and if those professional services are excluded from the CGL policy. •$1,000,000 Pollution Liability. Required if work involves a pollution risk to the environment. •$2,000,000 Cyber Liability Insurance. Required for information technology professional services agreements. Limits may be higher for special liability exposures. •Builders Risk. May be required up to the amount of the completed value of a new building or major construction project. •$1,000,000 per occurrence Aircraft Liability (Single Limit Bodily Injury and Property Damage Liability). Required coverage only for aircraft tie-down leases. Additional requirements unique to the City of Renton: •Name the City of Renton as a certificate holder and a Primary and Non-Contributory Additional Insured on the policy. This requirement applies to Commercial General, Auto Liability, Excess/ Umbrella, Special Event, and Aircraft Liability policies; it does not apply to Professional Liability, Workers' Compensation, nor Cyber Insurance. •The Certificate Holder should read: City of Renton ATTN: [your City contact's name & department] 1055 South Grady Way Renton, WA 98057 •The City shall be provided with written notice of any policy cancellation within a minimum of two business days of receipt of such notice by the policy holder. •The city does not represent that the minimum required insurance coverage or limits are adequate to protect the vendor/contractor/consultant from all liabilities. •Insurance certificate requirements and minimum limits can only be waived or modified with Risk Manager approval. Direct any questions, comments, or concerns to: Krista Kolaz, Risk Management 425-430-7669 kkolaz@rentonwa.gov Revised 6/8/23