HomeMy WebLinkAboutContract CAG-18-012 �
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SMALL WORKS CONTRA�T AGREEMENT WITH THE SAFETY
TEAM, INC.
THIS AGREEMENT("Agreement")is made as ofthe 5th day of January,2018, (the"Effective Date")
by and between the City of Renton, a non-charter code city under RCW 35A, and a municipal
corporation under the laws of the State of Washington ("Renton"), thraugh its Community
Services department and The Safet Tearn Inc. ("Contractor"), a Washington corporation, who
are collectively referred to as the "Parties",to replace existing Fire Alarm panel,srnoke detectors,
ac�d annunciator pane) located inside the Air Traffic Contro!Tawer at 616 W Perime�er Rd, Renton
WA 98{}7 Renton and Contractar agree as set forth below.
1. Scoqe 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. Chan�es in Scoqe of Servites: 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 50 davs calendar days after the Agreement's Effective Date.
4. Term of A�reement: The Term af this Agreement shall end at completion of the Scope of
Services, no later than _60_ 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. A�reement Sum: The total amount of this Agreement is the sum of i$11,87U.Ofl) which
does not include 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 amaunt
identified as the Agreement Sum.
7, Method of Pavment: 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
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to Rentan. Payment of the initial 9S% wili be made in the next pay cycle of the Renton
Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekiy}.
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.
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 Rentan, its officers, officials, employees and volunteers, Contractor's
liability shall be only to the extent of Contractor's negligence.
kt is further specifically and expressly understoad 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. [nsurance: Contractor shall secure and maintain:
a. Commercial general liability insurance in the minimum amounts of$1,000,000 for each
occurrence/$2,Od0,00o aggregate for the Term of this Agreement.
b. Professional liability insurance, in the minimurn amount of $1,OOQ,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-cantributory primary basis. Renton's
insurance policies shall not be a source for payment of any Contractor liability.
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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 af their receipt of such notice.
10. Discrimination Prohibited: Except ta the extent permitted by a bona fide accupational `
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 an the basis of race, color,sex, religion, nationality, creed, marital status,
sexual orientation or preference, age (except rninimum age and retirement
provisians), 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 pracurement of materials ar supplies.
b. The Contractor wilf take affirmative action ta 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 ar recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
c. If Contractor fails ta comply with any of this Agreement's non-discrimination
provisions,Renton shalf have the right,at its aption,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. Inde�aendent Contractor: Contractor's employees, while engaged in the performance of
any of Contractor's services under this Agreement, shall be cansidered 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 ta
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 ciaims 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.
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12. Prevailin�Wa�e 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 af the project with the
Washington State Department of Labor and Industries,
http:�jwww.lni.wa.��v/TradesLic�r�sin�jPrevWa� default.as�
13. Record Keeqin� and Reportint€: Contractor shall maintain accounts and records, which
properly reflect afl direct and indirect costs expended and Services p�ovided 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 ta 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, ar drawings and provide them to
the City for production. In the event Contractor believes said records need to be protected
from d"+sclosure, 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 recards or
information contained therein, or not provided them to the City in a timely manner. '
Contractor shall praduce for distribution any and all records responsive ta the Public
Records Act request in a timely manner, unless those records are protected by court order.
15. Other Provisions:
a. Administration and No#ices. 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 depasited 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 Madification. 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. Contractar and all of the Contractor's employees shall perform '
the services in accordance with all applicable federal,state,county and city laws,codes
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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 af the State af 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. Jurisdictian 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 exciusive benefit of the Parties and no one else.
I. 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 p�rovision of this
Agreement shall not be deemed to be a waiver of any priar 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
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Gregg Zi rm �� 0���
Public Works A ministrator
1055 South Grady Way TH+� S1�'7y TZ5�9'� ��L
Renton,Washington 98057 �� 5' ��G��"� ��
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Date Date
Approved as to Legal Form
Shane Moloney
Renton City Attorney
Date
Contract Template Updated 12/29/2017
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