HomeMy WebLinkAboutContractLIMITED SMALL WORKS CONTRACT AGREEMENT
THIS AGREEMENT 25th day of June, 2024,
-charter code city under RCW 35A
and a municipal corporation under the laws of the State of Washington (
, ,
to
Renton and Contractor agree as set forth below.
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
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.
Time of Performance: Contractor shall commence performance of the Agreement no later
than (30 ).
Term of Agreement: The Term of this Agreement shall end at completion of the Scope of
Services, no later than days from the Effective Date. This Agreement may be extended
to accomplish change orders, if required, upon mutual written agreement of Renton and
Contractor.
Agreement Sum: The total amount of this Agreement is the sum of ($) which
includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed
amount based on changes to the Scope of Services.
Consideration:
identified in the Scope of Services, Renton agrees to make payment of the amount
identified as the Agreement Sum.
Method of Payment/Prevailing Wages/Retainage/Bonding/Limited Small Public Works:
Payment: Payment by Renton for the Services will only be made after the Services
have been performed and a voucher or invoice (in a form acceptable to Renton) along with
a copy of filed Intents and Affidavits is submitted with the voucher or invoice. 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
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10.
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.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 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.
f.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.
g.Contractor shall provide Renton 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 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
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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 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.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).
13.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.
14.Other Provisions:
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a.Administration and Notices. Each individual executing this Agreement on behalf of
City and Contractor represents and warrants that such individuals are duly authorized
to execute and deliver this Agreement on behalf of City or Contractor.
Notice: Except for Service of Process in a legal proceeding, 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. Email notice will be deemed received the date of the email so long
as sent before 12:00 noon on a business day, if after 12:00 Noon it will be deemed
received the next business day - a copy of email notice must be mailed as set forth
above. 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: (425) 430-7222
Email: egrube@rentonwa.gov
And to:
City Clerk
cityclerk@rentonwa.gov
CONTRACTOR
Puget Sound Signs and
Graphics
259 SW 41st Street Renton,
WA 98057
Phone: 253-243-7777
Email: david.anderson@
pugetsoundsigns.com
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
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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.
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
r-:DocuSigned by:
B y: �s�,���a�:stucha
Martin Pastucha
Public Works Administrator
1055 South Grady Way
Renton, WA 98057 6/25/2024 I 4:55 PM PDT
Date
Approved as to Legal Form
By: __________
PAGE60F8
CONTRACTOR
By�cA-
David Anderson
President
Date
Approved by Cheryl Beyer via email 6/17/2024
ATTACHMENT
A
Liberty Park – Grandstand Artwork Project
Location:
o Liberty Park Grandstand – 1414 Houser Way, Renton, WA 98057
Work Scheduled:
o Start Date (To be Determined)
o Work Hours (To Be Determined)
Walk Thru of Work Area
o Questions can be asked during Walk through but once it has been completed; facilities cannot
answer questions after the walkthrough.
Expectations:
o Arrive on Time when Scheduled
o This is a Prevailing Wage Project
o Provide L&I Intent at the Start and L&I Affidavit at the End of the Project
o Provide all Permits associated with the Project, if required
o Contractor to observe proper OSHA safety protocol throughout project.
o Safely remove the fire damaged Artwork from the Liberty Park Grandstand and properly
dispose of the damaged Artwork
o Safely Clean the non-damaged Artwork to remove any smoke Soot and the building structure
area behind the fire damaged Artwork
o Conduct an inspection of the mounting points for the Artwork; replace if they are damaged.
o Pickup the Artwork from the Artist; the winning contractor will be given the address
o Safely Install utilizing the existing mounting points or the replaced mounting points.
o Cleanup and Removal of debris from Location.
o Walkthrough once all work has been completed at location to ensure all work has been
accomplished.
Bid Due Date:
o Deadline for Bids is May 3rd, 2024 (Friday) at 5:00PM
o We will not accept Bids after the deadline.
o Bids must be Submitted Via Email and sent to egrube@rentonwa.gov
o The City of Renton has the right to Reject all Bids.
o The Lowest Responsible Bidder will be notified via Phone Call or Email that they have won the
Small Works Project.
o If you are not contacted within 1 week after the Deadline listed below; you have not been
selected for the Small Works Project
o If you want to find out about the winning bid or other bids, please submit a Public Records
Request at City Clerk’s Office.
Requested By: Jessie Kotarski
Email: JKotarski@Rentonwa.gov
Work Phone: (607) 339-8040
PRODUCTS QTY UNIT PRICE TAXABLE TOTALS
1 Project Setup 1 $65.00 $65.00 $65.00
1.1 Project Setup Fee - Project Setup
- # of Hours: 1
2 Removal / Installation - Prevailing Wage 1 $4,160.78 $4,160.78 $4,160.78
2.1 Installation - Removal and Installation of Plywood Panels supplied by
Artist
Part Qty: 1
Notes: Area around sign needs to be marked off and clear of obstacles prior to installation or additional charge will
apply.
3 Prevailing Wage Reporting 1 $210.00 $210.00 $210.00
3.1 Miscellaneous -
Part Qty: 1
Subtotal:$4,435.78
Taxable Amount:$4,435.78
Taxes:$45
Grand Total:$4,8
Deposit Required:$2,44
Bill To: City of Renton
1055 S Grady Way
Renton, WA 98057
US
DESCRIPTION: Liberty Park Art Removal/Installation
ESTIMATE
EST-13760
PO Number:
Payment Terms: Cash Customer
Creating Impressions that Last Forever
www.pugetsoundsigns.com
259 SW 41st St
Renton, WA 98057
(253) 243-7777
This estimate is valid for 30 days from the date it was sent to customer.
We appreciate the opportunity to provide you with this proposal for your project.
We believe that with our quality and color management processes that we can
earn your business and trust. We are happy to compare our pricing with others
in order to evaluate the potential use of like processes and materials and match
or beat pricing.
Please sign below and return. By signing you agree to the terms and conditions
included on the last page of this estimate.
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A 50% deposit is required to begin the project with the balance due upon completion!
Full payment is due upon completion of the job. A 5% late fee will be added to all invoices over 10 business days past due.
Design and layout work is included in the above quote. However, based on the complexity of the design, the quality of the art file
received from the client, and the number of changes requested by the client, additional design charges will be added to the final
invoice. If the client cancels the project after the design phase is completed, the design charges will be due and payable.
If this project requires prevailing wages, the Client is responsible for notifying Puget Sound Signs & Graphics (PSSG) before signing
this agreement. If reported after signing the agreement, then PSSG reserves the right to either cancel the order or adjust labor rates
and administrative fees for prevailing wages, and the client will be responsible for the additional cost. If the order is cancelled, then
PSSG will retain all material and labor costs incurred to that date.
Any installation costs quoted are based on optimum conditions at the site, readiness of the walls or surfaces, the grounds, and other
areas where the sign may be installed, as well as the description provided by the client. Additional charges will apply based on
unexpected or unknown factors during the installation process.
All signs or related products described above are the property of Puget Sound Signs and Graphics until all money's owned under
this agreement are paid in full and client will provide access to said signs if payment is not made in full when due. Client agrees to
pay all attorney' fees, collection costs, and other related expenses incurred by Puget Sound Signs and Graphics in order to collect
any money due under the payment terms of this agreement, plus interest and late fees, that is permitted by law, on all past due
invoices. Client indemnifies Puget Sound Signs and Graphics against any claim by any property owner, landlord, tenant, or any other
party that the above signs may violate. This includes any agreements that client may have with said parties or where such signs are
not properly authorized by the parties and where their authorization is required.
Puget Sound Signs and Graphics takes great pride in our workmanship, however the final examination for accuracy is your
responsibility. Please, before releasing final approval examine all proofs very carefully, making sure that the information presented,
as well as spelling, punctuation, phone numbers, graphics, colors, and the overall layout are accurate.
If a purchase order is to replace PUGET SOUND SIGNS AND GRAPHICS proposal it is understood that the client accepts ALL of our
terms and conditions. Any permits, labor or materials needed for street/lane closures, closing of sidewalks, etc. would be additional
if needed.
PUGET SOUND SIGNS AND GRAPHCS may choose to work with one or more sign partners to complete your project.
Bid is based on information given. If items are other than as expected, additional costs may be incurred. PUGET SOUND SIGNS AND
GRAPHICS will notify you of any such adjustments.
ELECTRICAL: For all illuminated signs a dedicated power source must be provided by the Customer to within 6 feet of sign location
prior to installation.
Removals are quoted as removal and disposal. Damage can occur during removal. PUGET SOUND SIGNS AND GRAPHICS is NOT
responsible for repairing damage or for replacing sign, if sign is to be salvaged.
All work performed by PUGET SOUND SIGNS AND GRAPHICS is to be done during normal working hours.
Buyer acknowledges he/she has read and understands the approved design and specifications.
Signature:Date:
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