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HomeMy WebLinkAboutContractLIMITED SMALL WORKS CONTRACT AGREEMENT THIS AGREEMENT 7th day of August RCW 35A and a municipal corporation under the laws of the State of Washington (Sound Hardwood Solutions), LLC, who are collectively refe to assess, scrub , seal and refinish the gymnasium floor, racquetball courts, and banquet room floors at the Renton Community Center located at 1715 Maple Valley WWY, Renton WA 98057. Assess, scrub, seal and refinish the banquet room, stage and stage stairs at the Renton Senior Center located at 211 Burnett Ave N. Renton WA 98057. Assess, scrub, seal and refinish the gymnasium located at 800 Edmonds Ave NE. Renton WA 98056. 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 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. 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 CAG-24-222 PAGE 2 OF 11 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 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. B. Prevailing Wage Rates/Retainage/Bonding: 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. C For limited Small Public Works Contracts under $50,000.For limited public works projects, the City may choose to waive the payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, for laborers, mechanics, subcontractors, material persons, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project, however The City shall have the right of recovery against the contractor for any payments made on the contractor's behalf. 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 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 or damages to property caused by or resulting from the concurrent negligence of the contractor and Renton, its officers, officials, employees and vol It is further specifically and expressly understood that the indemnification provided in this Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually PAGE 3 OF 11 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. 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 behalf of the City, beyond normal commutes. e. will be named as an Additional Insured on a non- insurance policies shall not be a source for payment of any Contractor liability. f. 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. 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. PAGE 4 OF 11 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 -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 Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of Renton and as a result, shall not Renton shall be at all time 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 aged in services provided to be rendered under this 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 disclosur 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. PAGE 5 OF 11 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: 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 James Leathley 1055 South Grady Way Renton, WA 98057 Phone: (425) 864-0828 jleathley@rentonwa.gov CONTRACTOR Don Stenbak 13013 290th Ave SE Monroe WA 98272 Phone: (425) 301-4520 don@soundhardwoodsolutionscom 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 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 7 OF 11 Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Limited small works template 4-24-24 clb Clb 7-10-24 3114 Approved by Cheryl Beyer via email 7/17/2024 PAGE 8 OF 11 City of Renton Floor Assessment, Floor Scrub, Floor Sealing and Finishing Date: August 1st through September 8th Locations: o Renton Community Center (1715 Maple Valley Highway, Renton, WA 98057) o Renton Senior Activity Center (211 Burnett AVE. N. Renton WA 98057) o Highlands Neighborhood Center Work Scheduled: o Work will be completed during standard operating hours Monday through Friday 8:00 AM to 4:30 PM Contractor can choose to work outside of normal hours with the permission of the city of Renton project manager. At no additional expense to the city of Renton. Project Requirements: o All work is prevailing wage. Requiring intents and affidavits to be submitted to Washington State Department of Labor and Industries. o Provide the City of Renton project manager with a planned work schedule no later than 10 business days before the project start date. Any work schedule changes should be submitted to the project manager at least 5 business days in advance of the schedule change. o Contractor is responsible for all permits and inspections as required by the law that are necessary for project completion if applicable. o Assess the conditions and replace floorboards if needed. Of the banquet room, racquetball, and gymnasium floors at the Renton Community Center. o Super Sport Cleaner to thoroughly clean the surface. Sand floors using a 150-grit sanding discs in the gymnasium, banquet room, and racquetball courts at the Renton Community Center. o Seal and finish the floors in the gymnasium, approx. 12,700 square feet; banquet room, approx. 3600 square feet; and racquetball courts 2 in total at approx. 880 square feet each, at the Renton Community Center with 2 coats of Bona SuperSport HD 2-part floor finish. o Assess the conditions and replace floorboards if needed at the Renton Senior Activity Center. o Super Sport Cleaner to thoroughly clean the surface. Sand floors using a 150-grit sanding discs on the banquet room floor, stairs, and stage, at the Renton Senior Activity Center. PAGE 9 OF 11 o Seal and finish the banquet room floor approx. 3750 square feet: stairs and stage, approx. 500 square feet at the Renton Senior Activity Center with 2 coats of Bona SuperSport HD 2-part floor finish. o Assess the condition and replace floorboards if needed, of the gymnasium floor at The Highlands Neighborhood Center. o Super Sport Cleaner to thoroughly clean the surface. Sand floors using a 150-grit sanding discs on the gymnasium floor at the Highland Neighborhood Center. o Seal and finish the gymnasium floor, approx. 3800 square feet at the Highlands Neighborhood Center with 2 coats of Bona SuperSport HD 2- part floor finish. o Provide all necessary equipment to machine scrub and sand floors at all locations. o Bona SuperSport HD product to be supplied by contractor. o Clean all garbage and debris daily. o Any and all building damage created by the contractor will be repaired or o Contractor to observe proper OSHA and WISHA safety protocol throughout the project. o Job walkthrough with the City of Renton project manager once all work has been fully executed at each location to ensure all work has been completed by industry standards. Before project is considered complete. PAGE 10 OF 11 Sound Hardwood Solutions, LLC City of Renton 1055 S. Grady Way Renton, WA 98057 ESTIMATE Item Description: Abrade, clean and apply 2 coats of finish; Bona SuperSport MVP. All procedures per finish manufacturers recommendations and MFMA standards. Square feet Cost Renton Community Center:Gym, Banquet Rm and Racquetball Courts (2). Gym Floor Repair: Remove water damaged flooring, interlace and apply 2 coats of finish. 17,400 200 $8,700.00 $5,700.00 Renton Senior Center: Banquet Room including steps, risers and stage. 4,000 $2,000.00 Highlands Neighborhood Center:Main Gym 3,725 $1,900.00 Subtotal TBD Location Code: 1725 WA Tax Rate: .103 TBD TOTAL Sound Hardwood Solutions, LLC proposes to provide all labor and materials as needed for the completion of proposed work. The contract price quoted relates solely to the work described in the item description. For all extra work which may be requested by the customer, the parties shall install a written change order describing the added work to be performed and the agreed price, prior to the performance of such extra work. The contract price shall be paid in full upon completion of work. Sound Hardwood Solutions is licensed, bonded and insured to conduct business in the state of Washington. CCSOUNDHS863LZ PAGE 11 OF 11 Signatures: Don Stenbak 5.31.2024