HomeMy WebLinkAboutContractSMALL PUBLIC WORKS CONTRACT AGREEMENT
Single Craft under $25K
THIS AGREEMENT (“Agreement”) is made as of the _____ day of ________, 20Ϯϯ, (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 ________________________and
ELTEC Elevator, a dba of Schindler Elevator Corporation, Corp, a Delaware Corporation (type of
entity) (“Contractor”), who are collectively referred to as the “Parties”, to Replace non-
functional ADA emergency elevator phone – CAR 5 and Replace non-functional obsolete
machine room intercoms – CARS A, B, C, D at City Hall; 1055 South Grady Way, Renton, WA
98057. 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 (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
Work, no later than 90 days from the Effective Date. [Or shall terminate on
_____________ 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 ($24,240.29)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 Cityagrees to make payment of the amount identified
as the Agreement Sum.
Public Works - Facilities
16th October
CAG-23-375
PAGE 2 OF 8
7. Method of Payment/ Retainage/ Bonding: 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.
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:
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X To provide a payment and performance bond (contract bond) in the amount of
100% of the estimate including taxes with a 5% retainage.
or
_______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
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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.
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:
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 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. 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.
E. 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.
F. Contractor shall provide the City 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 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
sensory, mental or physical handicap, unless based upon a bona fide occupational
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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 Cityshall 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/One.aspx?portalId=7922741&pageId=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
13. Record Keeping and Reporting: Contractor shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
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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 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.
15. Other Provisions:
A.Administration and Notices. Each individual executing this Agreement on behalf of
The City and Contractor represents and warrants that such individuals are duly
authorized to execute and deliver this Agreement on behalf of the City 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.
CITY OF RENTON
Edward Grube
1055 South Grady Way
Renton, WA 98057
Phone: (206) 475-0662
egrube@rentonwa.gov
Fax: (425) 430-XXXX
CONTRACTOR
Julie Moormeier
2025 1st Ave Suite 790
Seattle, WA 98121
Phone: (206) 409-0979
jmoormeier@eltec.cc
Fax: (XXX) XXX-XXXX
B.Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
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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.
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.
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 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
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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
_____________________________
CONTRACTOR
____________________________
Martin Pastucha, Administrator Shruti Gandhewar
1055 South Grady Way Sales Manager
Renton, Washington 98057
_____________________________
Date
_____________________________
Date
Approved as to Legal Form
_______________________________
Shane Moloney
Renton City Attorney
________________________________
Date
Non-standard pw- single craft under $25K clb 02/08/22
______________________
Shruti Gandhewar
9/25/2023
Approved by Cheryl Beyer via 10/4/2023 email
10/4/2023 email
Page 1 of 4
JMOR-CUQHUJ
2023.3.1
2025 1st Ave
Suite 790
Seattle, WA 98121
UPGRADE ORDER AGREEMENT
Date:08/15/2023 Estimate Number:JMOR-CUQHUJ (2023.3.1)
To:
Renton City Hall
1055 S. Grady Way
Renton, WA 98057
Customer:
Renton City Hall
1055 South Grady Way
Renton, WA 98057
Attn:Edward Grube
Eltec hereby proposes to furnish and install the following with respect to the equipment located at the above
building:
x Replace non-functional ADA emergency elevator phone –Car 5
x Replace non-functional obsolete machine room intercoms –Cars A, B, C, D
Price:$22,016.61 plus applicable taxes. (Quotations valid for 30 days; price based upon work during
regular working hours of regular working days.)
*Financing available (see below)
Payment:50% of the price is due upon acceptance of this proposal;
40% of the price is due as work progresses within 30 days of invoice;
Balance due upon completion, within 30 days of invoice.
Eltec, a dba of Schindler Elevator Corporation reserves the right not to source material or schedule
labor for the above quoted work until initial payment has been received.
Eltec retains title to any equipment furnished hereunder until final payment is made. Late or non-
payment will result in assessment of interest charged at a rate of 1 1/2% per month or the highest
legal rate available, and any attorneys' fees, expenses, and costs of collection. The customer
understands that this is a fixed price proposal. Supporting documentation for materials and/or labor
shall not be a condition precedent for payment in full to be made to Eltec.
Available Financing:Eltec understands that the cost of capital improvements can put a strain on a property’s
budget. For this reason, Eltec has teamed with leading financial organizations (Lender) in an effort
$77$&+0(17$
Page 2 of 4
JMOR-CUQHUJ
2023.3.1
to help our customers sort through the best options to fund these capital improvements. The
financing is done directly between the Lender and you, our customer. In return, Eltec requires that
you enter into a new 5-year maintenance agreement with Eltec.
Oftentimes, other building systems will need upgrades as a part of the elevator or escalator
improvements. The cost of the related work can be rolled into the total finance package with the
Lender.
As an example, if you finance $25,000.00 for 60 months, your monthly payment would be
approximately $510.00 plus any applicable state and federal tax. The monthly finance payment
is an approximation and will be finalized between you and the Lender.
Financing is subject to the borrower’s qualifications, including income, property evaluation,
sufficient equity and final credit approval. Approvals are subject to underwriting guidelines, interest
rates, and program guidelines. Loans are subject to change without notice based upon eligibility
and market conditions. This is not a commitment to make a loan as financing options are subject to
credit checks and approval.
This program is offered and provided through third-party financial organizations and are dependent
upon those entities’ rules, regulations, and restrictions.
If the maintenance agreement is cancelled for any reason prior to the 60-month term, all remaining
balances become due immediately.
Your sales representative will be happy to facilitate the process moving forward if you are
interested in our financing option. The finance credit approval form can be found attached to this
document.
Page 3 of 4
JMOR-CUQHUJ
2023.3.1
The attached terms and conditions are incorporated herein by reference.
Acceptance by you as owner’s agent or authorized representative and subsequent approval by our
authorized representative will be required to validate this agreement.
Proposed: Accepted:
By: Julie Moormeier By:
For: Eltec, a dba of Schindler Elevator Corporation For: Renton City Hall
Title: Sales Representative Title:
Date: 8/15/2023 Date:
Approved:
By: Shruti Gandhewar
Title: Sales Manager - Eltec
Date:
Julie Moormeier
Page 4 of 4
JMOR-CUQHUJ
2023.3.1
TERMS AND CONDITIONS
1. Any changes to the building to meet local or state codes are to be made by Purchaser. Any changes in the Work required
due to building conditions discovered in the performance of the Work will be paid by Purchaser.
2. No work, service materials or equipment other than as specified hereunder is included or intended.
3. Purchaser retains its normal responsibilities as Owner of the equipment which is subject of this Agreement.
4. Eltec will not be liable for damages of any kind, in excess of the Price of this Agreement, nor in any event for special,
indirect, consequential or liquidated damages.
5. Any cutting and patching is by others and not included in this work.
6. Neither party shall be responsible for any loss, damage, detention or delay caused by labor trouble or disputes, strikes,
lockouts, fire, explosion, theft, lightning, wind storm, earthquake, floods, epidemics, pandemics, storms, riot, civil
commotion, malicious mischief, embargoes, shortages of materials or workmen, unavailability of material from usual
sources, government priorities or requests or demands of the National Defense Program, civil or military authority, war,
insurrection, failure to act on the part of either party's suppliers or subcontractors, orders or instructions of any federal,
state, or municipal government or any department or agency thereof, acts of God, or by any other cause beyond the
reasonable control of either party. Dates for the performance or completion of the work shall be extended by such delay
of time as may be reasonably necessary to compensate for the delay.
7. We warrant that the work will comply with the specifications and that there will be no defects in materials or workmanship
for one year after completion of the work or acceptance thereof by beneficial use, whichever is earlier. Our duty under
this warranty is to correct nonconformance or defect at our expense within a reasonable time after the receipt of notice.
THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Purchaser's remedies hereunder are exclusive.
8. Purchaser agrees to defend, indemnify and hold Eltec harmless from and against any claims, lawsuits, demands,
judgments, damages, costs and expenses arising out of this Agreement except to the extent caused by or resulting from
the sole and direct fault of Eltec.
9. For non-maintenance contract customers, Customer hereby agrees, without limitation, to defend, indemnify, release
and hold harmless Eltec and its employees, affiliates, divisions, parent entities, predecessors and successors,
representatives and agents from and against all claims, liabilities, losses, injuries, death, damages, fines, penalties,
payments, costs, and expenses (including reasonable attorneys’ fees and expenses) arisin g out of or relating to the
Work performed by Eltec under this Agreement.
INSURANCE: At a minimum, Customer shall provide to Eltec, insurance coverages as set forth within, and a certificate
of insurance evidencing such coverage: Comprehensive General Liability (including Products Liability, Completed
Operations, Broad Form Property damage, and Blanket Contractual Liability) in the amounts of $2M per occurrence,
$5M aggregate. Schindler Holding, Ltd., Schindler Elevator Corporation, and Schindler Enterprises, Inc. shall be named
as additional insureds on the above referenced policies, pursuant to ISO Form CG 2010 11/85, and shall appear as
such on the Certificate of Insurance. Insurance shall provide a waiver of subrogation in favor of the entities named as
additional insureds. Insurance shall be primary over any other valid and collectible insurance. Any deductible / retention
is the responsibility of the Named Insured.
10. Any proprietary material, information, data or devices contained in the equipment or work provided hereunder, or any
component or feature thereof, remains our property. This includes, but is not limited to, any tools, devices, manuals,
software, modems, source/ access/ object codes, passwords. In the event Eltec, a dba of Schindler Elevator
Corporation’s maintenance obligation is terminated, the Schindler Ahead features ("SA") (if applicable) will be
deactivated and Eltec, a dba of Schindler Elevator Corporation reserves the right to remove the Schindler Ahead
hardware. If Eltec, a dba of Schindler Elevator Corporation is no longer the maintenance provider, Customer is
responsible for obtaining alternative telephone service for the elevator phones.
11. In the event of governmental changes to applicable tariffs, tax rates, including but not limited to sales tax, use tax, excise
tax, privilege tax, transaction tax and similar changes, or loss of tax exempt status, Eltec reserves the rights to adjust
the contract price accordingly to account for all additional cost impacts.
12. We reserve the right to modify price and schedule without penalty due to material or component shortages, increases
in inflation and/or material price increases based upon the S&P Material Price Index (MPI).