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HomeMy WebLinkAboutContract CAG-18-042 Y A, , 4 SMALL PUBLIC WORKS CONTRACT AGREEMENT THIS AGREEMENT ("Agreement") is made as of the day of �c14 , 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"), through its Community Services Department and PSR Mechanical, ("Contractor"), who are collectively referred to as the "Parties", to Replace existing mini-split that has failed, Fire Station #12 1209 Kirkland Ave NE. 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 Agreement by reference as Attachment "A." 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 20 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 Services, no later than 30 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 $24,117.50 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: In exchange for Contractor's performance of the items and responsibilities identified in the Scope of Services, Renton agrees to make payment of the amount identified as the Agreement Sum. 7. Method of Payment and Bonding: 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 (*unless the contractor waives the payment and performance bond below and opts for a 50% retainage below.) *Performance and Payment bond: Contractor has the choice and chooses (pick one) : To provide a payment and performance bond (contract bond) in the amount of 100%of the es ' ate including taxes with a 5% retainage or / To waive a payment and performance bond (contract bond) and instead the city will retain the remaining 50%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 Renton, 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 Renton that are excluded in the commercial general liability insurance. CS PAGE 2 OF 6 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-contributory primary basis. Renton's insurance policies shall not be a source for payment of any Contractor liability. 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 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 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. If Contractor fails to comply with any of this Agreement's non-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: Contractor's employees, while engaged in the performance of any of Contractor's services under this Agreement, shall be considered 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 PAGE 3 OF 6 { to 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 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 services provided to be rendered under this Agreement, shall be the solely Contractor's obligation and responsibility. 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. 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 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 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 0 PAGE 4 OF 6 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 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 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. 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. PAGE 5 OF 6 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 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 CONTRACTOR Kelly Bey er, Auf inistrator PSR -cha ical 1055 South Grady Way 3132 NW 133rd Street Renton,Washington 98057 Seattle,WA 98125 3/‘// e 1/1-2// Date Date Approved as to Legal Form Shane Moloney Renton City Attorney 3/51;4/g Date Non-standard contract clb 2/19/18 Ur- 1't PAGE 6 OF 6 CITY OF RENTON COMMUNITY SERVICES DEPARTMENT City Of Renton SCOPE OF SERVICES ATTACHMENT A s } PSR Mechanical Building Efficiency and Sustainability A Service Logic Company 3132 NE 133rd Street Seattle,WA 98125 (206)367-2500 www.psrmechanical.com roProject PP128288 January 23,2018 Prepared for: City of Renton fire Department Renton Fire Station # 12 1209 Kirkland Ave NE Renton, WA 98056 PSR Mechanical Project Proposal PP128288 Client Objectives Determine Whether to Repair or Replace the Existing Server Room Split System Air-Conditioning Unit(2- ton nominal capacity) • The existing split system air-conditioning unit indoor section has a refrigerant leak.This is an older R-22 refrigerant system.Thus,EPA regulations limit the amount of refrigerant that is added for recharging the system. • Replacing either the indoor unit and/or outdoor unit is not possible as R-22 refrigerant based equipment is no longer manufactured. • Proposal is for replacement with like-in-kind equipment,of same nominal cooling capacity. • The existing refrigerant piping is the wrong size for the new equipment and refrigerant type(R410A),so will need to be replaced. • The existing electrical wiring will also need to be replaced due to changes in the equipment manufacturers design. January 23,2018 Page 1 Attachment A PSR Mechanical 1 Project Proposal PP128288 Project Agreement gy-anon el:1Y" Glientt PSR Mechanical r 3132 NE 133rd Street Seattle,WA 98125 e , (206)367-2500 geett-441afigewkseil (Herein after referred to as"Company") " Company will provide the enclosed scope of work[PP128288,Renton Fire Station#12 Server Room AC Replacement]at the following location(s): Renton Fire Station#12 1209 Kirkland Ave NE Renton,WA 98056 Scope of Work Provide labor and materials required to replace one(1)existing Mitsubishi ductless split type air conditioning system(nominal 2-ton capacity), providing cooling to the 2nd floor server room and includes: 1. Isolate,disconnect,evacuate,remove,and dispose of the existing outdoor and indoor split system air conditioning unit and refrigerant piping in accordance to EPA regulations. 2. One(1)new Mitsubishi outdoor, rooftop mounted air conditioning condensing unit(nominal 2-ton capacity). 3. One(1)new Mitsubishi indoor,cassette style ceiling mounted,air conditioning unit(nominal 2-ton capacity). 4. New electrical wiring from the outdoor unit to the indoor unit on the exterior wall,and through the above ceiling crawl space to the indoor unit. 5. New refrigerant piping from the ground mounted outdoor unit located on the west side of the building, up the west exterior wall,into the building and through the space above the second floor ceiling space to the indoor unit located in the server room(approximately 125 feet of refrigerant piping. • Refrigerant piping and electrical wiring will be concealed by SpeediChannel lineset cover which is white in color. 6. Pressure test refrigerant piping. 7. Charge refrigerant systems with new R410A refrigerant. 8. Startup and test per manufacturer's specifications. 9. Core drill new penetration in exterior wall for new electrical and piping routing. 10. One year parts and labor warranty. 11. City of Renton HVAC and electrical permit. The total cost of this project work is $21,925.00 January 23, 2018 Page 12 e� t PSR Mechanical l Project Proposal PP128288 Extended Warranty An extended one-year warranty(two years total)is available on this equipment if covered under one of PSR's comprehensive service programs. Exclusions • - • Correction of Existing Sub-Standard Code • Overtime and Weekend Labor Conditions • Equipment Slab iaymcnt Terms Company Client 4;i2er David McReynolds Project Manager Print Name Approved for Company by: Signature Neil Bavins President Title Date Date January 23,2018 Page 1 3 y PSR Mechanical Project Proposal PP128288 1. Company warrants that the workmanship hereunder shall be free from defects for one (1) year from date of installation.If any replacement part or item of equipment proves defective. Company will extend to Client the benefits of any warranty Company has received from the 10. Client shall make available to.Company's personnel all manufacturer. Removal and reinstallation of any pertinent Material Safety Data Sheets(MSDS)pursuant to equipment or materials repaired or replaced under a OSHA'S Hazard Communication Standard Regulations. manufacturer's warranty will be at Client's expense and at ::_ , the rates then in effect.Company warrants the title to the materials and equipment furnished to the Client pursuant to this Agreement. 2. Client shall permit Company free and timely access to areas and equipment, and allow Company to start and ' stop the equipment as necessary to perform required services.All planned work under this Agreement will be performed during Company's normal working hours. - „ afilosteek 5. Any alteration to, or deviation from, this Agreement involving extra work,cost of material or labor will become •, acts as a medium for an extra charge(fixed-price amount to be negotiated or on any fungus(es)or spore(s). a time-and-material basis at Company's rates then in effect)over the sum stated in this Agreement. - •z `' - - •- 33-, , - 8F—USE, LOSS OF PROFIT, INCREASED OPERATING OR 8. Company shall not be liable for any delay,loss,damage or - detention caused by unavailability of machinery, OR CLIENTS, OR ANY. SPECIAL INOIREGT OR equipment or materials,delay of carriers,strikes,including • those by Company's employees,lockouts,civil or military authority,priority regulations,insurrection or riot,action of the elements,forces of nature,or by any cause beyond its control. January 23,2018 Govaleatia44ifetacieteryPage 14 PSR Mechanical I Project Proposal PP128288 "NOTICE TO CLIENT" Sime: Pe January 23,2018 Page ( 5 CITY OF __________---••••Renton ,IR. , This form must be submitted with the Bid Proposal or as a Supplement to the Bid no later than 24 hours after the time for delivery of the Bid Proposal. Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. p4"- Mt l.a1/c,4-L Bidder's Business Name !gnat e o A •411'z- • Offici. * 1k—/L Ni. ,54("4 5 Printed Name Title viii / ` Date City State Check One: Sole Proprietorship 0 Partnership 0 Joint Venture 0 Corporation State of Incorporation, or if not a corporation, State where business entity was cciA If a co-partnership,give firm name under which business is transacted: *If a corporation,proposal must be executed In the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner.