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HomeMy WebLinkAboutContractSMALL WORKS CONTRACT AGREEMENT THIS AGREEMENT ___ day of ________, 2020 -charter code city under RCW 35A and a municipal corporation under the laws of the State of Washington (Precision Striping, a Washington sole proprietorship, to complete parking lot striping at various city owned properties along with the Cedar River Trail. 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 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 60 . 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 $11,745.80 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: identified in the Scope of Services, Renton agrees to make payment of the amount identified as the Agreement Sum. 7. Method of Payment: Payment by Renton for the Services will only be made after the Services have been performed and a voucher or invoice is submitted in a form acceptable to Renton. Payment of the initial 95% will be made in the next pay cycle of the Renton 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. Renton shall have the right to withhold payment to CAG-20-398 PAGE 2 OF 6 Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. 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 includi 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 or damages to property caused by or resulting from the concurrent negligence of the contractor and It is further specifically and expressly understood that the indemnification provided in this Agreement constitute C 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: 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.the Industrial Insurance laws of the State of Washington, shall also be secured. d. will be named as an Additional Insured on a non-s insurance policies shall not be a source for payment of any Contractor liability. e. 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. PAGE 3 OF 6 10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: a. Contractor, and Contractor 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. -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. 11. Independent Contractor: mployees, while engaged in the performance of 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 Rent 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 12. 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, http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp. PAGE 4 OF 6 13. 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). 14. 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 sha 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. 15. Other Provisions: a. Administration and Notices. Each individual executing this Agreement on behalf of Renton and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of Renton or Contractor. 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. This Agreement shall be administered by and any notices should be sent to the undersigned individuals or their designees. 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 d. Compliance with Laws 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. PAGE 5 OF 6 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 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. 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 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. (approved via email from Leslie Clark) Attachment A CITY OF RENTON COMMUNITY SERVICES DEPARTMENT Parks and Trails Division Renton City Hall, 1055 South Grady Way Renton, WA 98057 c/o Steve Brown, Parks Maintenance Manager office (425) 430-6618, cell (425) 766-6190 SCOPE OF WORK SCOPE OF WORK: PARKING LOTS AND TRAIL STRIPING The contractor shall provide all labor, materials and equipment to complete the following tasks: Re-stripe all designated areas to original parking lot configuration using current technology Includes all parking stall striping, curbing, cross hatching, cross walks and other markings Re-paint all stenciling including, but not limited to: 1. ADA parking stalls 2. 3. 4. 5. Directional arrows JOB LOCATIONS FOUR (4) SITES ARE INCLUDED IN THIS BID PACKAGE: SITE # 1: Cedar River Park 1717 Maple Valley Highway Renton, WA 98057 This site is the campus for the Renton Community Center, Carco Theatre and Henry Moses Aquatic Center. There are parking areas located to the west, north and east of the Community Center. At this time we will only be striping the main lots directly adjacent to the Community Center. Please see included map for areas designated to be re-striped with this contract. SITE # 2: North Highlands Neighborhood Center 3000 NE 16th Street Renton, WA 98056 One main parking area off of NE 16th Street. Approximately 18 stalls. Please see included map for areas designated to be re-striped with this contract. Please note that lane stencils added to the lot surface. Attachment A SITE # 3: Thomas Teasdale Park 601 South 23rd Street Renton, WA 98055 One main parking area off of South 23rd Street. Approximately 47 stalls. Please see included map for areas designated to be re-striped with this contract. Please note that SITE # 4: Cedar River Trail Refer to included description for additional details. Please note the add alternate information in the description and prepare the bid accordingly. SPECIFICATIONS 1. Bidder/Contractor to be responsible to measure and verify dimensions, site conditions and other relevant project information. 2. Bidder/Contractor responsible for the security of the project sites for the duration of the project. 3. Bidder/Contractor shall perform work during the hours of 7:00 am to 5:00pm, Monday through Friday. Work performed outside of that timeframe would need to be mutually agreed upon between owner and contractor. 4. Bidder/Contractor shall provide a cost estimate for each site with a grand total for the overall project. Please include tax in your total. Renton tax rate is 10%. 5. Bidder/Contractor will be responsible for blocking off parking areas as required to complete the project. Parks Staff can help coordinate gate openings/closings if needed to assist with this process. 6. Bidder/Contractor shall use 1 coat of WSDOT approved traffic paint in all areas. 7. Remove all trash and debris at the end of each work day and upon completion of project 8. Limited lifetime warranty on materials; 1 year warranty on labor. 9. This project is subject to prevailing wage. Contractor will be required to comply with Washington State prevailing wage requirements. The Contractor must file Attachment A 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. 10. If you have questions regarding this project please contact Parks Maintenance Manager, Steve Brown at sbrown@rentonwa.gov or 425.430.6618. 11. Deadline to receive bids for this project is September 14, 2020 at 3:00 p.m. Bids can be sent electronically to Steve Brown at sbrown@rentonwa.gov